New Zealand

The Act does not specifically require most business owners, employers, or supervisors to post no-smoking signs. Rather, Sec. 5 requires an employer to “take all reasonably practicable steps to ensure that no person smokes at any time in a workplace.” 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 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 (and e-cigarette use) is forbidden at all times, posted at every entrance to the premises and every outer entrance of buildings. Failure to post the required signage is subject to a fine of $4000 for a corporate body or $400 for a non-corporate body.

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

The Act does not specifically require business owners, employers, or supervisors to remove ashtrays. Rather, Sec. 5requires an employer to “take all reasonably practicable steps to ensure that no person smokes at any time in a workplace.” "Reasonably practicable steps" could include the removal of ashtrays. 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.

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.” 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 if the law imposes a range of penalties such as license suspension or revocation.

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, or 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.

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.