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Smoking and the Law

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Brand new laws on smoking  -  More restrictive.

 

You should know everything about the new law if you are an employer, an employee, a building owner, an ordinary citizen or jus a smoker.

Changes to the smokefree law in 2003

The Smoke-free Environments Amendment Act 2003 makes incremental changes to the 1990 legislation in these areas:

  • Smokefree environments

  • Restrictions on youth access to smoking products

  • Regulation of smoking products

  • Enforcement powers (liability and offences)

The Smoke-free Environments Amendment Act 2003 came into force on 10 December 2003.

The smokefree law is about public health.

The smokefree law is about providing consistent health protections for all workers and for non-smokers, from the significant health risks of exposure to second-hand smoke. 

The smokefree law is about empowering smokers and would-be smokers with accurate consumer health information about what they are smoking (its effects on them and people around them), to reduce smoking uptake and reduce individual harm.

The smokefree law is about encouraging a smokefree (auahi kore) lifestyle, and positive health for all New Zealanders.

The Smoke-free Environments Act 1990 places restrictions on smoking in public, on smoking in the workplace and on sales of cigarettes and tobacco to under-18s. .....The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!


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Feedback/Blogs/Reviews from related topic: Damages
"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
Feedback/Blogs/Reviews from related topic: Damages
"Very, very helpful topics on Employment law, procedure, contracts and tips. Well worth the cost.

Company name withheld by request."

Feedback/Blogs/Reviews from related topic: Damages
"A fun topic. I can remember when I was a lawyer's secretary. He had a wee figurine of a barrister on his desk with a sign on it saying "Sue The Bastards" but, then, he should know because he was a bastard too, but a very good lawyer. (name withheld)"
Feedback/Blogs/Reviews from related topic: Damages
"Very helpful . . . McBreen"
"Now that I understand the principles it has made it easier for me to prepare and make final decisions. thank you. Kirsten."
"Great coverage to have it all laid out. Could you try and give us some uncomplicated documents. yours are useful but are there any simpler docs? Keep up the good work. A really helpful website. Graeme H. Wellington - May 2007"
"I have made good use of this topic and the other topics on Wills. Well done. Jim H (retired) - Devonport - May 2007"
"Bloody Hell! You provide us with the documentation as well! This is great stuff. I will still use a lawyer but I now have enough information to make some informed decisions myself.
Kevin M - Hamilton"

"Hi Netlaw...i have found your site very helpful to me in applying for a parent order. Anexcellent site with the right information, easy to use steps.

Thanks so much :)))"

"HI, posted yesterday trying to find application boilerplate for challenging will due to unsound mind (with medical evidence). Thanks"
Feedback/Blogs/Reviews from related topic: Damages
"Can the Family Protection Act help 2 kids 11 and 13 to some provision from their fathers estate when there is no will. They live with their mother (divorced from late father) and now his defacto (no children involved) is claiming everything and not willing to make any provision for these children. House and furniture gone to her as purchsed jointly but there is still balance of insurance, super ann. ute, boat and personal effects that could be dispersed to them. At present all they have is hte ACC weekly payment that replaces the child support thir father paid.
Is there anything fathers family can do to get something for his boys? Any thoughts or othe similar experiences??

Netlaw replies: YES. A claim can be made if there is no will. It sounds as if they have a very dtrong case. See a lawyer immediately.

"

"Dear Netlaw,
Our father had a will which was invalidated by a 3-day form of marriage. The woman in question got divorced 1-month before and married our father when he was in a semi-coma and he died 3-days later. The supposed spouse is now applying to be Administrator under the Administration Act and after $121,000 + 1/3 share of remaining property. Could you please advise, do the children (there are 4 of us) have any remedies? Your expertise will be gratefully received and is very much appreciated, thank you.

Netlaw replies: Yes. Children can file a claim under the Family Protection Act 1955 asking the Family Court to provide "further provision" from the will. Our special topic "Family Protection Act 1955" covers the principles.

But in this case, you might also be able to challenge the validity of the new will on the basis of your father's medical condition and possibly on the basis that he signed under pressure."

"Hi
I have a mother who is 80 years old with dementia. We (6 children) don't think she has a will and no EPOA. She has no real assets except $8000 in the bank which is intended for her funeral. Are we likely to run into any problems or major costs if no will exists at her death. Is there anything we could do now to make life easier in the event of her death. I'm guessing if she doesn't have a will now, its probably too late.
Any help would be much appreciated.

Thanks

Netlaw replies - It is too late unfortunately. See a lawyer."

Feedback/Blogs/Reviews from related topic: Damages
"My husband and I liked all this information. Keep it up please! Well worth the $45. We have spent so much on lawyers, blast them. I suppose they are necessary but when we see these concepts set out simply by you in Netlaw we wonder what all the secrecy and fuss was about in other matters. "
"I have heard that through the Will I am able to gift up to $27 500.00 of my property per year to some one that I want to inherit without paying gifting fees where do I find a template for this

Netlaw answers: Good morning,

You posted a blog on Netlaw this morning. We reply as follows.

Gift duty is not payable on money or assets which pass under your will. Therefore, you can leave $1,000,000 to someone in your will and it is not classified as a gift.
However, if you wanted to give someone $1 million during your lifetime then that would attract gift duty at 40 cents in the dollar (subject to a more specific calculation about a lesser amount of gift duty in some bands above $27,000) for any amount gifted over $27,000 per year. This is why gift programmes over a number of years have to be set up during the course of your lifetime to avoid or minimise paying gift duty.
But we repeat - money or assets left under a will are not treated as gifts for gift duty purposes. Nor are death duties payable any more. They were abolished well over 10 years ago.

Cheers . . . . Netlaw"

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