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.