LANGUAGE
Last updated: August 17th 2020

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

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.
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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.

All indoor public places

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.
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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.

All public transport

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.
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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.

Government facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Private offices

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Hospitals

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.
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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.

Residential healthcare facilities - public areas

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.
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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.

Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Universities/vocational facilities

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.
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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.

Shops

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Cultural facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Indoor stadium/arenas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Restaurants

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Bars/pubs/nightclubs

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Casinos

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Hotels/lodging - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Hotels/lodgings - guest rooms

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
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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.

Prisons/detention facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Trains, buses and other shared ground transportation other than taxis

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.
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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.

Taxis (for-hire vehicle)

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.
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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.

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.

Commercial watercraft

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.
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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.

Public transport facilities (waiting areas for mass transit)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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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.