Smokefree Compliance: Environments and Enforcement (Tobacco and Vape)

Ngā Tai Ora Public Health Northland’s goal is to reduce smoking uptake/initiation amongst children/youth in Te Tai Tokerau and encourage smokefree public areas.

The Ministry of Health is the key agency for policy development in the tobacco control area and is involved in a large number of policy, service development and operational aspects of tobacco control.

Smokefree Enforcement Officers

Ngā Tai Ora Public Health Northland has Smokefree Enforcement Officers who investigate complaints in relation to the following matters:

• Smoking and Vaping in workplaces
• Smoking and Vaping in all hospitality venues and certain public places (such as licensed premises)
• Smoking and Vaping in schools, kura and early childhood centres
• The sale of toy tobacco and vape products
• The sale and supply of tobacco, herbal and vaping products to young adults
• The retail display of tobacco and vaping products
• The advertising of tobacco and vaping products

Smokefree Places

The following places must be smokefree at all times:

• the buildings and grounds of schools and early childhood centres
• indoor areas of licensed premises and workplaces – ‘licensed premises’ includes bars, restaurants, cafés, sports clubs and casinos, ‘workplaces’ includes offices, factories, warehouses, work canteens and ‘smoko’ rooms.

Legislation

Smokefree Environments and Regulated Products Act 1990

The Act aims to:

• Protect the health of workers and the public from second-hand smoke and vape
• Reduce the harm caused to individuals from tobacco products
• Restrict access to smoking and vaping products by people under 18 years of age and prevent negative influences on young people
• Provide powers to Enforcement Officers and penalties for offences
• Promote a smokefree/auahi kore lifestyle as being both desirable and healthy
• Regulate the marketing, advertising and promotion of tobacco and vape products, services and events
• Prohibiting smoking and vaping in motor vehicles carrying children 

Smokefree Complaints

If you wish to make a complaint about a possible breach of the Smokefree Environments and Regulated Products Act 1990, please contact a Smokefree Enforcement Officer on (09) 430 4100. For an investigation to proceed the following information must be provided:

• Name and address of retailer/premises/workplace
• A brief description of incident/breach
• Date and time of incident/s
• Witness/es name and contact details
• Proof of the event (such as photos or video evidence)

The complainant/witness may be required to attend a court hearing at a future date should the complaint lead to a prosecution under the Smokefree Environments and Regulated Products Act 1990.

Compliance Monitoring

A number of premises are monitored by Smokefree Enforcement Officers, for compliance with the Smokefree Environments and Regulated Products Act 1990, such as retailers, licensed premises, schools and early childhood centres.

Education Visits

Tobacco and vape retailers are visited to educate the retailers and ensure compliance with smokefree legislation.

Licensed Premises/ Open and Internal Areas

Licensed premises may provide an open area for people who smoke and/or vape. The area must comply with the Smokefree Environments and Regulated Products Act 1990 in that it must not be an internal area and meet the legal description of an open area. Any licensed premise that allows a person to smoke or vape in an internal area may be prosecuted. Smokefree Enforcement Officers can assess open areas for operators to ensure it meets the requirements for an open area.

Schools/Kura and Early Childhood Education Centres

Schools, kura and early childhood education facilities must take all practicable steps to ensure that no person smokes or vapes on any part of the buildings or grounds at all times. No smoking and vaping signs must be displayed at all entrances to the grounds and all entrances and exits to buildings.

Vaping