Frequently asked questions

Social

I don't like breathing smoke outdoors either, why does this legislation apply to indoors only? Does smokefree legislation apply to outdoor places?

The Health Act only requires enclosed or substantially enclosed parts of premises that are public places or workplaces to be smokefree. The Health Act does include powers to make non-enclosed places smokefree if there is a significant risk that people there might be exposed to significant quantaties of smoke. The Government, however, has no plans to make any non-enclosed places smokefree at the present time.

Is this just about smoking in pubs?

No. Virtually all enclosed workplaces and public places, including offices, factories, restaurants, pubs, schools, public transport, membership clubs and shopping malls are covered by smokefree legislation, meaning the enclosed parts of these places will become completely smokefree when the legislation is implemented on 1 July 2007.

There will be limited exemptions from smokefree legislation which are set out in the proposed Smoke-free (Exemptions and Vehicles) Regulations.

Does this legislation cover sports stadiums?

Many sports stadiums are already smokefree. When smokefree legislation comes into force, only parts of stadiums that are enclosed or substantially enclosed will be required to be smokefree.

In the workplace

Sometimes smoke blows back through my office window. Can they be made to smoke away from the building?

The provisions made under the Health Bill only pertain to enclosed and substantially enclosed workplaces and public places. Employers and business owners will continue to have responsibilities under health and safety legislation and will need to consider any issues that might arise and take the most appropriate action.

I work from home, will it be required to be smokefree then?

It depends. Regulations propose that any parts of a dwelling will be required to be smokefree if they are used solely as a place of work for:

  1. more than one person who does not live in the dwelling;
  2. a person who does live at the dwelling and any person who does not, or
  3. any person whether they live at the dwelling or not, if people who do not live at the dwelling come to give or receive goods or services.

My workplace is already smokefree. Will I have to do anything to get ready for smokefree legislation?

You will have to make sure that your business is compliant with the requirements of smokefree legislation. Employers, managers and those in charge of smokefree premises and vehicles will need to:

Guidance about smokefree legislation will be available around Easter that will explain exactly what you need to do.

Will there be support for business?

Yes. Businesses are encouraged to sign up for guidance, which will include no-smoking signs so they receive this information as soon as it becomes available.