Council is empowered to adopt policies that promote the well-being of communities under the Local Government Act 2002. This policy contributes towards supporting Central Government’s “Getting to Smokefree 2025” plan.
The primary legislation regulating smoking and vaping in New Zealand is the Smokefree Environments and Regulated Products Act 1990 (the Act), which is administered by the Ministry of Health.
2. Objective of this policy
The objectives of this policy are to:
- limit smoking and vaping being regarded as a normal activity by children and young people by reducing its visibility in public areas.
- contribute to improved health and wellbeing by reducing smoking & vaping and the impacts of second-hand smoking.
3. Our policy
1. Definitions
“Smoking” and “vaping” have the same meaning as defined under the Act and its subsequent amendments, which is as follows:
To smoke:
- means to smoke, hold, or otherwise have control over an ignited tobacco product, weed, or plant; and
- includes to smoke, hold, or otherwise have control over an ignited product or thing whose customary use is or includes the inhalation from it of the smoke produced from its combustion or the combustion of any part of it; but
- does not include to hold or have control over an ignited product or thing customarily used as incense.
To vape:
- means to inhale using a vaping device or a heated tobacco product, and vaping has a corresponding meaning.
2. Designated smokefree and vapefree areas
The following public areas in Tairāwhiti are designated as smokefree and vapefree:
- Playgrounds
- Parks and sports grounds, including skate parks
- Beaches - Midway, Waikanae, Kaiti, Wainui and Okitu
- Outdoor public areas around council buildings and facilities
- Council run and funded events
- Central Business District (CBD) as outlined in Schedule 1
3. Implementation
Implementation of this policy will involve:
- Active coordination with Health agencies and partners
- Installation of bilingual signage in the most popular areas, where children and families congregate.
4. Enforcement
This policy promotes education and empowerment rather than enforcement to reduce smoking and vaping in public places and around children and younger populations.
Research has found that in areas where children are present, smokers and vapers are more likely to comply with smokefree and vapefree signage. Likewise, caregivers are more likely to ask smokers and vapers to stop or move away in well sign posted smokefree and vapefree areas.
[1] vaping device means a device that—
(a) vaporises or aerosolises a substance or a mixture of substances by heating it for the purpose of inhalation through a mouthpiece; and
(b) is sold as a complete unit or to be assembled from individual components.
vaping product means any of the following:
(a) a vaping device:
(b) a vaping substance:
(c) any 1 or more components of a vaping device:
(d)a package containing 2 or more items described in any of paragraphs (a) to (c)
vaping substance -
(a) means a substance or mixture of substances that is intended to be vaporised or aerosolised with a vaping device; but
(b) does not include a medicinal cannabis product within the meaning of regulation 4 of the Misuse of Drugs (Medicinal Cannabis) Regulations 2019 or a CBD product within the meaning of section 2A of the Misuse of Drugs Act 1975; and
(c) does not include a heated tobacco product.
Schedule 1
Central Business District (CBD) Map
