FAQs Smokefree Outdoor Places Policy
What can Council control and not control under legislation?
We do not have any powers under the Smokefree Environment and Restricted Products Act 1990, and Council is not legally required to have a smokefree policy. However, we (like nearly all councils in NZ) have one anyway to support the cultural shift away from smoking indoors, protect the amenity of our public spaces and help look after our community.
How is the policy enforced, and will this change if it is removed from the bylaw?
Removal from the bylaw will not impact the public; rather it is a technical change to bring us in line with the region (who do not incorporate their policies into their bylaw). Currently enforcement officers do not actively enforce this policy – it is mainly enacted through signs showing where smoking is not allowed. Implementation will be the same whether in a policy or bylaw.
How do our neighbours do it?
Welington, Lower Hutt and Upper Hutt all provide for outdoor Council-owned dining areas to be smokefree in their smokefree public places policies. In all of their policies, compliance is either voluntary and/or enacted through signage. Wellington encourage staff and owners to ensure outdoor dining areas are smokefree, with Council support where needed.
Can Council influence vaping shop locations?
We currently do not have the ability to directly control sales of tobacco or vapes or mandate the location of vape/tobacco retailers. Managing issues regarding location and sale of tobacco is currently the responsibility of the Ministry of Health.
Why are we looking at introducing outdoor Council run dining areas as smokefree areas?
We are looking to be as consistent with the region where possible especially given recent discussions around amalgamation.
Additionally, New Zealand did not meet its Smokefree 2025 goal, and Porirua continues to have slightly higher rates of smoking compared to the broader region. Over the past couple of years, some restrictions on smoking regulation have been adjusted. While this is not direct evidence, it indicates there is some value of maintaining or strengthening certain restrictions.
What would happen if we got rid of the policy?
It would mean the position on smoking in outdoor public places becomes ambiguous – in practice, this would be a tacit approval to smoke in our outdoor public places. It would be a radical shift – our smokefree policy has been in place for over 10 years. Having no policy would be out of step with the region and most of the country.