Last updated: January 19, 2024

Enforcement Authorities

Authorized Agency
Jurisdiction
Duty to Enforce

Director General of Health

Workplaces, public places, transport
No
Gavel
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Analysis

The law requires to the Director General to appoint people to enforce the law who are:
(a) Employees of the Ministry of Health, a local authority under the Local Government Act 2002, or a District Health Board under the New Zealand Public Health and Disability Act 2000; or
(b) employees or officers of some other person or body; or
(c) officers designated under section 7A of the Health Act 1956; or
(d) inspectors appointed under section 163 of the Health and Safety at Work Act 2015.

The Director General and authorized officers have discretion on whether and how to enforce the law when complaints are filed.

To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose requirements upon enforcement officers to enforce against known violators.

Constables

Motor vehciles carrying children
No
Gavel
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Analysis

Constables have enforcement authority over a motor vehicle that appears to have a child occupant if the constable sees a person smoking in the vehicle.