B v. Waitemata District Health Board

A patient at a mental health facility sued the Waitemata District Health Board claiming that the Board’s smoke-free policy violated the Smoke-free Environments Act because it did not provide a smoking room for patients. The patient also claimed that the smoke-free policy violated his right to be treated with respect for dignity. In two earlier decisions, the High Court and the Court of Appeals found the smoke-free policy did not violate either the Smoke-free Environments Act or the Bill of Rights. The patient appealed the decision to the Supreme Court.

In this decision, the Supreme Court upheld the smoke-free policy. The Court found that the smoke-free policy did not violate the Smoke-free Environments Act because the law states that a smoking room “may” be provided. As a result, the Board is not required to provide a smoking room for patients. Further, the Supreme Court found the patient’s rights were not violated because smokers were given nicotine replacement therapy, which was a humane and meaningful treatment for nicotine withdrawal symptoms, consistent with the Bill of Rights. 

B v. Waitemata District Health Board, SC 60/2016 [2017] NZSC 88.

  • New Zealand
  • Jun 14, 2017
  • Supreme Court of New Zealand

Parties

Plaintiff B

Defendant Waitemata District Health Board

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"In our view, the notion that a right to a home or private life includes the right to smoke whilst confined for very short periods in the ICU of a mental health institution is too generalised because it is too removed from the sphere of personal autonomy warranting protection. In terms of the position of the appellant in the present case, whilst in the ICU there are inevitably some constraints on a patient’s choices, for example, in terms of what they may eat and drink."