LANGUAGE

Quickly view a country’s tobacco control law status or compare it to the status of several countries at once.

Select a Policy
Choose Countries to Compare
Term --FCTC-Based Definition New Zealand
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

The definition of “workplace” exempts accommodation such as hotel guestrooms and employee and passenger accommodation in ships. This functions to exempt these types of areas from the smoking ban. Although the definition of “workplace” provided in the law closely aligns to the definition of “workplace” contained in the FCTC Art. 8 Guidelines, this exemption deviates from the definition in the FCTC Art. 8 Guidelines and the intent of FCTC Art. 8. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “workplace” in accordance with the definition provided in the FCTC Art. 8 Guidelines, with no exemptions.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The definition of “passenger service vehicle” and “small passenger service vehicle” together align with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

The law does not contain a definition of “second hand smoke.” However, a definition is not strictly necessary because the law provides that “smoking is prohibited” in places, rather than, for example, “no person shall be exposed to second hand smoke”.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition of “to smoke” in the law aligns with the definition of “smoke” or “smoking” provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Not Defined
No
Analysis

The law does not contain a definition of “public place.” However, a definition is not strictly necessary because the law prohibits smoking in “workplaces,” rather than “workplaces” and “public places.” The definition of “workplace” is expansive and covers virtually all indoor public places.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of “tobacco product” contained in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Defined
Yes
Analysis

The definition of “internal area” contained in the Smoke-free Environments (SFE) Act does not align with the definition of “indoor” or “enclosed” provided in the FCTC Art. 8 Guidelines. The FCTC Art. 8 Guidelines define an area as “enclosed” if it has a roof or one or more walls; whereas an area with a roof and one wall would not necessarily be considered an “internal area” under the SFE Act because it is not completely or substantially enclosed. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “internal area” or “enclosed” or “indoor” in accordance with the definition of enclosed or indoor provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
New Zealand
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in indoor workplaces with the exception of: 1) work vehicles to which the public does not have access, under specified conditions that all employees consent to smoking in the vehicle; and 2) dedicated smoking rooms in hospital care institutions, residential disability care institutions, and rest homes. Due to these limited exemptions, the regulatory status code “Smoking is Restricted” is given.

FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in indoor public places, with the exception of dedicated smoking rooms in hospital care institutions, residential disability care institutions, and rest homes. Due to these limited exemptions, the regulatory status code “Smoking is Restricted” is given.

FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
All public transport
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law generally prohibits smoking in passenger service vehicles, taxis, trains, ships and aircraft, with a few limited exemptions. Specifically, smoking is a permitted in a “small passenger service vehicle (other than an operating taxi) where the driver and every passenger in the vehicle agree that smoking shall be permitted.” A small passenger service vehicle is defined as: “any passenger service vehicle that is designed or adapted to carry 12 or fewer persons (including the driver).” In addition, while smoking is prohibited in “an operating taxi” (a taxi when it is carrying passengers or plying for passengers), smoking in taxis is impliedly permitted when a taxi is not in operation. Further, smoking is permitted in a ship cabin occupied by a passenger or employee because these areas are exempt from the definition of “workplace.” (Note that the definition of “workplace” exempts a sleeping compartment on a train used by a passenger or employee. However, sleeper trains no longer exist in New Zealand and therefore this exemption is no longer applicable.)

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all public transportation at all times with no exemptions. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in workplaces with a few limited exceptions that do not apply here. Because government facilities are workplaces (which is broadly defined), smoking is prohibited in government facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in indoor workplaces with the exception of: 1) work vehicles to which the public does not have access, under specified conditions that all employees consent to smoking in the vehicle; and 2) dedicated smoking rooms in hospital care institutions, residential disability care institutions, and rest homes. Because private offices are not included in the list of limited places where smoking is allowed, it is interpreted that smoking is prohibited in private offices.

Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Not Applicable
Not Applicable
Hospitals
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law generally prohibits smoking in workplaces. However, the law provides for an exemption, which specifically permits smoking by residents or patients (not workers or visitors) in a “hospital care institution, a residential disability care institution, or a rest home.” Smoking may be allowed only in dedicated smoking rooms with separate mechanical ventilation from which minimal smoke escapes and for each smoking room there must be an adequate equivalent smoke-free room in which to socialize.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in hospitals. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in hospitals with no exceptions.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law generally prohibits smoking in workplaces. However, the law provides for an exemption, which specifically permits smoking by residents or patients (not workers or visitors) in a “hospital care institution, a residential disability care institution, or a rest home.” Smoking may be allowed only in dedicated smoking rooms with separate mechanical ventilation from which minimal smoke escapes and for each smoking room there must be an adequate equivalent smoke free room in which to socialize.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in common areas or public areas of residential healthcare facilities. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of residential healthcare facilities with no exceptions.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in workplaces with a few limited exceptions that do not apply here. Because non-residential healthcare facilities are workplaces (the definition of which is broadly defined), smoking is prohibited in non-residential healthcare facilities. (Note that the law permits smoking by residents and patients in a “hospital care institution”; however, non-residential healthcare facilities do not provide “hospital care” as defined by the Health and Disability Services (Safety) Act 2001).

The law aligns with FTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law generally prohibits smoking in all workplaces and specifically prohibits smoking on all premises (indoor and outdoor) of schools and early childhood education and care centers. Therefore, smoking is prohibited in childcare facilities and preschools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law generally prohibits smoking in all workplaces and specifically prohibits smoking on all premises (indoor and outdoor) of schools and early childhood education and care centers. Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law generally prohibits smoking in workplaces (Section 5), places that serve alcohol (Section 12), and places used for child care (Section 7A). Therefore, the law’s smoke free provisions apply to all parts of universities and vocational facilities that are used for these functions. (Note that most areas of the facilities, such as classrooms and dining halls, are workplaces.) The law does not explicitly address dorms on the grounds of universities and vocational institutions. However, residential accommodation is generally exempted from the smoking ban and therefore the law is interpreted as permitting smoking in dorms.

Because smoking is allowed in on-campus accommodation of universities and vocational facilities, the regulatory status “Smoking is Restricted” is given. The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to accommodation at universities and vocational facilities. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in workplaces, with a few limited exceptions that do not apply to stores and shops. Therefore, smoking is prohibited in stores and shops, as they are workplaces for some.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to stores and shops.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in workplaces, with a few limited exceptions that do not apply to cultural facilities. Therefore, smoking is prohibited in cultural facilities, as they are workplaces for some.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in workplaces, with a few limited exceptions that do not apply to indoor stadiums and arena. Therefore, smoking is prohibited in indoor stadiums and arenas, as they are workplaces for some.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law generally prohibits smoking in workplaces and specifically prohibits smoking in restaurants.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law generally prohibits smoking in workplaces and specifically prohibits smoking in “licensed premises,” which is defined as “any premises, or any part of any premises, on which liquor may be sold pursuant to a licence under the Sale of Liquor Act 1989”. Bars, pubs and nightclubs are such premises and therefore smoking is prohibited in these places.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs and nightclubs.

Not Applicable
Not Applicable
Casinos
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law generally prohibits smoking in workplaces and specifically prohibits smoking in casinos and gaming machine venues.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law generally prohibits smoking in workplaces with a few limited exceptions. While hotel guestrooms are specifically exempted from the definition of “workplace” and therefore exempted from the smoking ban, public areas of hotels are workplaces to which no exemptions apply and therefore smoking is prohibited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels and lodging.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law generally prohibits smoking in workplaces with a few limited exceptions. The definition of “workplace” specifically excludes guest rooms in hotels and lodging and therefore smoking is not prohibited or restricted by law in guest rooms of hotels and lodging (although it is common practice for managers of hotels to designate certain rooms as smoking or non-smoking rooms). Because smoking is not prohibited or restricted by law, the regulatory status “Smoking is Not Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in hotels. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of hotels and other lodging, including guestrooms.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law generally prohibits smoking in workplaces with a few limited exceptions. Public areas of prisons are workplaces to which no exemptions apply and, therefore, smoking is prohibited. At one time, prison cells were specifically exempted from the definition of workplace and therefore exempted from the smoking ban. However, this exemption has been removed.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of prisons.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 9 of the law generally prohibits smoking in a passenger service vehicle (which includes buses and other shared ground transportation) when it is carrying passengers. However, this section expressly permits smoking in a “small passenger service vehicle (other than an operating taxi) where the driver and every passenger in the vehicle agree that smoking shall be permitted.” A small passenger service vehicle is defined as: “any passenger service vehicle that is designed or adapted to carry 12 or fewer persons (including the driver).”

Smoking is prohibited on trains because the law prohibits smoking in a workplace, which by definition includes the internal area of a train. (Although the law exempts a train sleeping compartment from the definition of workplace, sleeper trains no longer exist in New Zealand so this exemption is no long applicable.)

The law does not align with FCTC Art. 8 and the FCTC Art. Guidelines because it does not provide for 100% smoke free ground public transportation with respect to small passenger service vehicles. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all shared ground transportation at all times with no exemptions.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law specifically prohibits smoking in “an operating taxi,” defined as a taxi when it is carrying passengers or plying for passengers. By implication, smoking in a taxi is permitted when the taxi is not in operation. Therefore, the regulatory status “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in taxis at all times.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law generally prohibits smoking in a workplace, which by definition includes internal areas of an aircraft. In addition, the law expressly prohibits smoking on aircraft during a domestic flight.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Smoking is prohibited in watercraft except in a cabin assigned to a passenger or employee. Specifically, Section 5 of the law prohibits smoking in a workplace, which by definition (Section 2) includes the internal area of a ship with the exception of a cabin assigned to a passenger or employee. (Under Section 10 of the Act, these rules apply to New Zealand ships within New Zealand, and certain foreign ships within New Zealand waters.)

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of commercial watercraft (within New Zealand jurisdiction), including sleeping cabins of ships.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law generally prohibits smoking in workplaces and specifically prohibits smoking in booking areas, passenger queuing areas, passenger waiting rooms and passenger lounges of indoor travel terminals.

Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.

Not Applicable
Not Applicable
New Zealand
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
New Zealand
Post signs
Yes
Yes
Analysis

The Act does not specifically require most business owners, employers or supervisors to post no-smoking signs. Rather, Section 5 of the Act requires an employer to “take all reasonably practicable steps to ensure that no person smokes at any time in a workplace.” The Ministry of Health “Smoke free law – Questions and answers” states that reasonable steps include displaying no-smoking signs, not providing ashtrays, and giving an oral warning to the smoker. (http://www.health.govt.nz/our-work/regulation-health-and-disability-system/smokefree-law/smokefree-law-questions-and-answers).

The law does impose a duty to post signs on managers of school premises and childcare centers only. Section 7A(1)(b) imposes a duty to post a notice that smoking is forbidden at all times, posted at every entrance to the premises and every outer entrance of buildings.

A manager or employer who does not “take reasonably practicable steps” to prevent smoking is subject to a fine of $4000 for a corporate body, or $400 for a non-corporate body.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should affirmatively require managers, supervisors and/or employers to post no-smoking signs.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

The Act does not specifically require business owners, employers or supervisors to remove ashtrays. Rather, Section 5 of the Act requires an employer to “take all reasonably practicable steps to ensure that no person smokes at any time in a workplace.” The Ministry of Health “Smoke free law – Questions and answers” states that reasonable steps include displaying no-smoking signs, not providing ashtrays, and giving an oral warning to the smoker. (http://www.health.govt.nz/our-work/regulation-health-and-disability-system/smokefree-law/smokefree-law-questions-and-answers).

A manager or employer who does not “take reasonably practicable steps” to prevent smoking is subject to a fine of $4000 for a corporate body, or $400 for a non-corporate body.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should affirmatively require managers, supervisors and/or employers to remove ashtrays.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

Section 5 of the Act requires an employer to “take all reasonably practicable steps to ensure that no person smokes at any time in a workplace.” The Ministry of Health “Smoke free law – Questions and answers” states that reasonable steps include displaying no-smoking signs, not providing ashtrays, and giving an oral warning to the smoker. (http://www.health.govt.nz/our-work/regulation-health-and-disability-system/smokefree-law/smokefree-law-questions-and-answers).

A manager or employer who does not “take reasonably practicable steps” to prevent smoking is subject to a fine of $4000 for a corporate body, or $400 for a non-corporate body.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to a duty to take reasonable takes to require a person to stop smoking. However, the law could more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines if the law imposes a range of penalties such as license suspension or revocation.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

The law imposes a duty upon smokers not to smoke in a workplace, aircraft, public transport, public transport facilities, place that serves alcohol, restaurant, casino and gaming venue. However, the law generally imposes a corresponding fine upon managers and employers only for failure to take steps to prevent smoking, rather than imposing a fine upon the smoker. The law only imposes a fine upon smokers directly for smoking in aircraft. Persons who smoke in aircraft are subject to a fine of $400.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a fine upon any smoker who smokes in any place where smoking is prohibited.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
New Zealand
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable