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Smokefree Compliance: Environments and Enforcement

    Auckland Regional Public Health Service Smokefree team aims to reduce the impact and incidence of tobacco related harm.

    Smokefree Environments Act 1990 (SFEA)

    The Smokefree Environments Act (SFEA) 1990 aims to:
    • Protect the health of workers and the public from second-hand smoke.
    • Reduce the harm caused to individuals from tobacco products. 
    • Restrict access to smoking products by people under 18 years of age and prevent negative influences on young people.
    • Promote a smoke-free/auahi kore lifestyle as being both desirable and healthy.
    • Regulate the marketing, advertising and promotion of tobacco products, services and events.

    The SFEA can be viewed here.

    Smokefree Environment (Controls and Enforcement) Amendment Act 2011 (SFEAA)

    The SFEAA does a number of things that will impact on the retail environment, including:

    • Prohibiting the visible display of tobacco products.
    • Increasing the penalty for sales of tobacco to people under 18.
    • Prohibiting the display of trading names that contain words, phrases, trademarks, or company names that have the effect of advertising.

    Smokefree Officers

    ARPHS Smokefree Officers investigate complaints in relation to the following matters:

    • Smoking in workplaces.
    • Smoking in all hospitality venues and certain public places.
    • Smoking in schools and early childhood centres.
    • The sale of toy tobacco products.
    • The sale and supply of tobacco and herbal tobacco products to young adults.
    • The retail display of tobacco products.
    • The advertising of tobacco products.
    Smokefree Officers have legislative powers to:

    • Enter and inspect premises at a reasonable time
    • Take photographs or videos
    • Inspect advertising or display material
    • Seek identifying information from any person when sale to a minor has occurred
    • Carry out prosecution proceedings
    • The Police may accompany an enforcement officer in the execution of the enforcement officer’s powers of entry and inspection
    • ARPHS Smokefree enforcement officers are not permitted to enter private houses.

    Smokefree Complaints

    If you wish to make a complaint about a possible breach of the Smokefree Environments Act 1990, please contact one of our Smokefree Enforcement Officers on (09) 623 4600.

    The minimum information required for an investigation to proceed is:
     
    • Name and address of retailer/premises/workplace
    • Date and time of incident
    • Whether the complainant actually saw the breach occur?
    • A brief description of incident
    • Whether there was any photographic or video footage of incident taken?
    • Whether the complainant is willing to state the organisation they work for? Does the complainant wish to remain anonymous? If the complainant wishes to remain anonymous, there will be no further contact from ARPHS smoke free officers. This is also the case should the complaint come to us via a third party. • All complaints will be treated as anonymous unless we hear directly from the witness to the breach.
    Should the complainant wish to give us their contact details, they may be required to attend a court hearing at a future date should the complaint lead to a prosecution under the Smoke Free Environments Act 1990. Required complainant details are name, contact telephone number and/or email address.

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    Private Bag 92 605 Symonds Street Auckland 1150
    Phone 09 623 4600 Fax 09 630 7431
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