New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Rationality (wednesbury)
  • 8 Jul 2013

    B v WAITEMATA DISTRICT HEALTH BOARD [2013] NZHC 1702

    Citation
    (2013) 29 FRNZ 186
    Court
    High Court

    The Waitemata District Health Board lawfully enacted and applied the Smoke-free Environment Policy within its powers under the NZPHDA and as owner/controller of its premises; the policy did not amount to unlawful discrimination because nicotine dependence is not a protected disability under the Human Rights Act 1993 and no prohibited-ground differential treatment was shown; the policy was not irrational, consultation was adequate, no legitimate expectation arose, and any interference with NZBORA rights was justified under s5 as proportionate to the important public health objective.