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New Zealand Proposes Smokefree
Restaurants, Bars, and Casinos
April 2003 - A committee of MPs has amended smokefree workplace legislation to include restaurants, bars, casinos, public transport and taxis.

Previously, the legislation called for separate, ventilated smoking areas in bars, restaurants and casinos.  But Parliament's health select committee, in its report tabled today, said such systems would not provide enough protection for employees from second-hand smoke.  The ventilation systems would also impose substantial running costs on businesses, the committee said.  Venues with gaming machines and clubs licensed to serve alcohol have also been included. 

The committee said smoking would be banned in all indoor hospitality areas although people would be able to smoke in open areas such as beer gardens or decks.  Smokers who lit up inside could be fined up to $400 under new penalties. 

The Smoke-free Environments (Enhanced Protection) Amendment Bill had called for existing premises to provide separate smoking rooms from 2007.  The committee recommended a 12-month lead time for the smoking ban once the bill was passed. 

Chairwoman Steve Chadwick told NZPA the committee had heard almost 400 submissions since 2001, with a growing number from people who supported a total ban.  New Zealand had been lagging behind moves overseas to ban smoking in bars and restaurants.  "We've been talking about this for well over two years so it isn't legislation that comes crashing in overnight." 

The Government was supporting the member's bill which she hoped would be passed this year with the support of United Future and the Green Party.  "We're pretty confident we've got the numbers," Ms Chadwick said.  National said it was treating the legislation as a conscience issue.  The legislation is unlikely to get its first airing in Parliament until after Easter as members' bills are debated every second Wednesday while the House is sitting. 

The committee said it had to balance its concern for the right of workers, volunteers and the public to be protected from second-hand smoke against allowing employers the freedom to permit smoking on their premises.  "Most of us agreed that second-hand smoke was a significant health risk for workers and therefore considered workplaces must be made smoke-free." 

The ban on smoking applied to all indoor workplaces which included lifts, toilets, ships, trains and taxis, the committee said.  Smoking would be prohibited in taxis except when the vehicle was not being used as a taxi.  Smoking would be allowed in motel and hotel rooms, passenger and staff accommodation on ships and trains, prison cells, at employers' homes, on marae and in church halls.  It was banned at schools, early childhood centres and premises attended by young people. 

The committee also recommended banning the sale of herbal cigarettes and the supply of tobacco products to people under the age of 18. 

The importation, advertising, labelling, distribution or sale of other products that contained nicotine - chewing/snuff, drinks and sweets - was also banned under the proposed legislation.  Displays of tobacco products would be restricted to 100 packages and 40 cartons under the legislation.  Vending machines would only be allowed to be operated by staff to prevent those under 18 years accessing these. 
Hospitality Association chief executive Bruce Robertson told NZPA the good news was that hotel rooms had been exempted and the committee had recognised smokers' responsibilities by imposing fines on those who lit up in hospitality venues. 

But the committee had ignored his association's recommendation to "adopt a minimum air quality standard, which addressed the health issues (associated with second-hand smoke) and leaves it to the operators as to how they decide to meet those standards". 

The Heart Foundation, Cancer Society, Asthma and Respiratory Foundation and the Smoke-free Coalition welcomed the changes, saying these restored the choice of all New Zealanders not to breathe smoke and would save lives. 

Green MP Sue Kedgley said passive smokers could breathe a "sigh of relief" with the announcement of the proposed ban.  Passive smokers can breathe a sigh of relief following the announcement today of a proposed total ban on smoking in pubs, restaurants and all other work places, Green MP Sue Kedgley said today.  "This is a wonderful day for public health," the Green Health Spokesperson said. "Non-smokers will at last be able to breathe fresh air when they go out for a meal or drink, and wherever they work. This proposed legislation will literally save lives." 
The health select committee, which Ms Kedgley deputy chairs, today reported back to Parliament on the Smoke-Free Environments (Enhanced Protection) Amendment Bill. The committee recommends that smoking be completely banned in pubs, bars, restaurants, offices and all other work places. 

In response to hospitality industry fears that business would suffer as a result of the ban, Ms Kedgley said she was confident that cleaning up the atmosphere in bars would attract more, not less, customers.  "Pubs, bars and restaurants should be catering for the 75 per cent of New Zealanders who don't smoke."   While acknowledging smokers had a right to smoke, Ms Kedgley said it was no longer acceptable for them to endanger non-smokers' health.  "It is a basic human right to breathe clean air. Second-hand tobacco smoke is a toxic waste that contains more than 50 chemicals known to cause cancer." 

Ms Kedgley said she expected the bill would pass easily through the House, coming into effect next year.  Bars, restaurants and cafes would be required to go totally smokefree under changes made to a Bill before Parliament.   The Health Select Committee has reported back on the Smokefree Environments Amendment Bill. 

The new proposal would extend the ban on smoking in workplaces to include all indoor workplaces where two or more people work in a common airspace, not just some office areas as at present.  Chadwick said in a statement the proposed changes would play an important part in re-energising efforts to stop young people from starting smoking. 

The Bill's stance towards secondhand smoke was in line with a worldwide move to regulate smoking said Associate Health Minister Damien O'Connor.  The Bill is due to be given its second reading in the House. Chadwick is sponsoring the Bill. 


 
Contact:
Joseph W. Cherner, President
SmokeFree Educational Services, Inc.
http://www.smokefree.org


 
Also See: Time and Again, Studies Conclude Smoking Bans Do Not Cause Decline in Bar, Restaurant Sales / March 2003
New York City Restaurant & Bar Owners Try to Digest 21 Pages of Rules Banning Smoking / March 2003


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