Smokefree Compliance: Environments and Enforcement | Northland DHB

Smokefree Compliance: Environments and Enforcement

Northland DHB Public and Population Health Services goal is to reduce uptake/initiation amongst children/youth in Te Tai Tokerau.

Smokefree Environments Act 1990 (SFEA)

The Smokefree Environments Act (SFEA) 1990 aims to:

  • Protect the health of workers and the public from second-hand smoke.
  • Reduce the harm caused to individuals from tobacco products.
  • Restrict access to smoking products by people under 18 years of age and prevent negative influences on young people.
  • Promote a smoke-free/auahi kore lifestyle as being both desirable and healthy.
  • Regulate the marketing, advertising and promotion of tobacco products, services and events.

The SFEA can be viewed here.

Smokefree Environment (Controls and Enforcement) Amendment Act 2011 (SFEAA)

The SFEAA does a number of things that will impact on the retail environment, including:

  • Prohibiting the visible display of tobacco products.
  • Increasing the penalty for sales of tobacco to people under 18.
  • Prohibiting the display of trading names that contain words, phrases, trademarks, or company names that have the effect of advertising.
Smokefree Officers

Northland DHB Smokefree Officers investigate complaints in relation to the following matters:

  • Smoking in workplaces.
  • Smoking in all hospitality venues and certain public places.
  • Smoking in schools and early childhood centres.
  • The sale of toy tobacco products.
  • The sale and supply of tobacco and herbal tobacco products to young adults.
  • The retail display of tobacco products.
  • The advertising of tobacco products.
Smokefree Complaints

If you wish to make a complaint about a possible breach of the Smokefree Environments Act 1990, please contact our Smokefree Enforcement Officers in our Health Protection Team on (09) 430 4100. The minimum information required for an investigation to proceed is:

  • Name and address of retailer/premises/workplace
  • Date and time of incident
  • Whether the complainant actually saw the breach occur?
  • A brief description of incident
  • Whether there was any photographic or video footage of incident taken?
  • Whether the complainant is willing to state the organisation they work for?

If the complainant wishes to remain anonymous, there will be no further contact from NDHB smokefree officers. This is also the case should the complaint be received via a third party.    All complaints will be treated as anonymous unless we hear directly from the witness to the breach.

The complainant may be required to attend a court hearing at a future date should the complaint lead to a prosecution under the Smoke Free Environments Act 1990. Required complainant details are name, contact telephone number and/or email address.

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