6ASmoke-free areas—outdoor public
places
(1)
An outdoor public place is a smoke-free area for the
purposes of this Act if it is any of the following places (or part of any of
those places):
(a)
a place that is within 10 metres of
children’s play equipment but only if the children’s play
equipment is in an outdoor public place,
(b)
a swimming pool complex,
(c)
an area set aside for or being used by spectators
to watch an organised sporting event at a sports ground or other recreational
area, but only when an organised sporting event is being held
there,
(d)
the platform of a passenger railway or light rail
station,
(e)
a ferry wharf,
(f)
a light rail stop (with light rail stop
to include any area where persons queue or gather when waiting at a light rail
stop),
(g)
a bus stop (with bus stop to include any
area where persons queue or gather when waiting at a bus
stop),
(h)
a taxi rank (with taxi rank to include
any area where persons queue or gather when waiting at a taxi
rank),
(i)
a place that is within 4 metres of a pedestrian
access point to a building (as provided by subsection
(2)),
(j)
a commercial outdoor dining
area,
(k)
a place at a public hospital, health institution
or health service under the Health Services Act
1997 that is designated as a smoke-free area by a by-law
or regulation under that Act and notified by signs displayed in, or at an
entrance to, any such area,
(l)
any other outdoor public place that is prescribed
by the regulations as a smoke-free area.
(2)
A pedestrian access
point is an entrance to or exit from a building for use by
pedestrians, but does not include:
(a)
an entrance to or exit from a building that is
used only for residential purposes (including a boarding house and a building
in a caravan park), or
(b)
an entrance to or exit from a building that is
used partly for residential purposes and partly for other purposes if the
entrance or exit concerned is used solely for entry to or exit from that part
of the building that is used for residential purposes, or
(c)
an emergency exit that is locked to
entry.
(3)
It is a defence to a prosecution for the offence
of smoking in a smoke-free area that is a light rail stop, bus stop, taxi rank
or within 4 metres of a pedestrian access point to a building if it is
established that the accused was smoking only while passing through the
smoke-free area and did not remain in the smoke-free area while
smoking.
(4)
The regulations may exempt a specified outdoor
public place or class of outdoor public places from being a smoke-free area
under this section.
s 6A: Ins 2012 No 56,
Sch 1 [8]. Am 2016 No 27, Sch 2.45.