Local Councils have statutory powers under a number of Acts that relate to public health.(1)
The Health Act 1956 states that it is the duty of every territorial authority ‘to improve, promote and protect public health within its district’.(2) One of the key purposes of Local Councils is to ‘promote the social, economic, environmental and cultural wellbeing of communities...’(3)
Policies designed to expand smoke-free areas are an example of a practical way that councils can contribute to this. The Local Government Act 2002 specifically states that councils can make by-laws for the purpose of ‘protecting, promoting and maintaining public health and safety’.(4)
In addition, Part 1: Section 20 of the Smokefree Environments Act 1990 specifies that local authorities can make bylaws to provide ‘greater protection from tobacco smoke than is provided in this Part’.(5)
1. Including the Local Government Act 2002, the Resource Management Act 1991, the Building Act 2004, the Food Act 1981, the Hazardous Substances and New Organisms Act 1996, the Health Act 1956, and many more. (Source: Submission to Public Health Advisory Committee on the “Emerging Issues for Public Health in New Zealand: Discussion Paper” from Local Government New Zealand, December 2004)
2. The Health Act 1956 is currently being revised.
3. Local Government Act 2002, Part 2, Sub-part 1.
4. Local Government Act 2002, Part 8, Sub-part 1 states:
‘145 General bylaw-making power for territorial authorities. A territorial authority may make bylaws for its district for 1 or more of the following purposes:
(a) protecting the public from nuisance;
(b) protecting, promoting and maintaining public health and safety;
(c) minimising the potential for offensive behaviour in public places.’
5. Part 1 Section 20 of the Smoke-free Environments Act 2002 states that “Saving of powers to make bylaws ... Nothing in this Part of this Act shall limit or affect the powers ... of a local authority under [section 145(b) of the Local Government Act 2002], to make bylaws providing greater protection from tobacco smoke than is provided by this Part of this Act.”