Smokefree Laws
Legislation is a critical tool in creating an environment which protects non-smokers from secondhand smoke, helps smokers who are trying to quit and protects people, and especially young people, from tobacco marketing.
Legislative measures which have banned most forms tobacco advertising and sponsorship, created smokefree worplaces and introduced graphic pictorial health warnings have been critically important in helping reduce smoking rates in New Zealand. Before is some useful information and links on smokefree legislation in New Zealand, Australia, and internationally.
New Zealand
- The NZ Ministry of Health's 'Smokefree Law' homepage includes information on the Smoke-free Environments Act 1990 and the Smoke-free Environments Amendment Act 2003.
- The Ministry has also prepared an excellent series of resources to support the implementation and enforcement of the Act, including a "Guide to the Smoke-free Environments Act 1990".
- Breaches in the Act should be reported to your local Smokefree Enforcement Officer.
- A copy of the 1990 Smokefree Environments Act and its amendments can be purchased from Legislation Direct.
- Evaluation of the 2003 Amendment to the Smokefree Environments Act has shown high levels of support from the New Zealand public, high levels of compliance to the changes, reduced levels of exposure to secondhand smoke, an increase in calls to the Quitline and minimal impact on sales and employment in pubs and bars, and on tourism. For further information see the Media Release and the Report.
- The Cancer Society provides input into the legislative process by preparing submissions and advocating for progressive legislation. Currently the Cancer Society is advocating for action to get rid of tobacco retail marketing.
- A history of tobacco control in New Zealand was completed in June 2008 by the Cancer Control Council of New Zealand. Copies can be obtained through the Council.
- University of Otago researchers Nick Wilson, George Thomson and Richard Edwards have produced many papers on the history of tobacco control, the tobacco industry in New Zealand and evaluation of policy interventions.
Australia
- Information page on tobacco control legislation in Australia, includes a chart summarising Commonwealth, state and territory laws on tobacco in Australia (last updated March 2008).
International
- The World Health Organisation's Tobacco Free Initiative website includes information on the importance of legislation, the legislative process and forms of legislation for tobacco control, other key issues relating to the legislative process, key elements of tobacco control legislation, the drafting, passing, adoption, implementation and evaluation of tobacco control legislation, implementation and enforcement of tobacco control legislation, country case studies on enforcement of tobacco control legislation, links to the WHO publication, "Tobacco Control Legislation: An Introductory Guide and selected Publications and other Resources".
- The Framework Convention on Tobacco Control (FCTC) is a legally binding treaty which was negotiated by the 192 member states of the World Health Organization (WHO).
The world's first public health treaty, the FCTC contains a host of measures designed to reduce the devastating health and economic impacts of tobacco. The final agreement, reached in May 2003 after nearly four years of negotiations, provides the basic tools for countries to enact comprehensive tobacco control legislation. New Zealand became a signatory to the convention on the 16th June 2003 and ratified the Treaty on the 27th January 2004 with the following territorial exclusion:
"... consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory."
For further information on the FCTC see the Framework Convention Alliance website.



