New Zealand Case Law

14 Jun 2017

B (SC 60/2016) v WAITEMATA DISTRICT HEALTH BOARD [2017] NZSC 88

Citation

[2017] 1 NZLR 823

Court

Supreme Court

Section 6 of the Smoke-free Environments Act 1990 is permissive and does not oblige the Waitemata DHB to provide dedicated smoking rooms; the Board's 2009 smoke-free policy as applied to mental health ICUs did not breach the New Zealand Bill of Rights (s23(5) dignity/humanity, s9, or discrimination provisions) and was a lawful, proportionate public health and safety measure; appeal dismissed.

• Smoke-free environments act 1990
• Dedicated smoking rooms
• New zealand bill of rights act 1990 s23(5) dignity
• Bill of rights s9 cruel or disproportionately severe treatment
• Disability discrimination (human rights act 1993)
• District health board statutory powers