The Legal Protection of Non-Smokers from Exposure to Tobacco Smoke

Abstract

In 1990, Parliament enacted the Smoke-free Environments Act in response to the growing concern about the death and disease caused by smoking and passive smoking in New Zealand. This article is concerned with Part I of the Smoke-free Environments Act. It argues that legislation, such as the Smoke-free Environments Act, which bans smoking in specific spaces, is necessary and justifiable in order to effectively reduce the harmful consequences of passive smoking. In coming to the conclusion, the various common law actions available to non-smokers prior to the Act are discussed. It is concluded that these remedies alone do not adequately protect non-smokers exposed to tobacco smoke. In addition, the details of the passive smoking provisions are evaluated.

Keywords: smoking, tobacco, smokers, protection, legislation, illegal, passive, smoke-free, environment, protection, remedies, health

JEL Classification: K00, K10, K11, K13, K14, K19, K2, K23, K20, K3, K32, K30, K34, K42, K4