There is no straightforward answer as to whether or not an employee can be banned from smoking during work hours, according to Hamish Kynaston, partner at Buddle Findlay. However, health organisations like the DHBs have banned people from smoking on campus, Kynaston told HRD. “That’s generally been accepted as lawful because they are health organisations who have the right to say their policy is that their staff can’t smoke on campus.”