TOBACCO CONTROL LAWS

Cancer Society of New Zealand v. Ministry of Health

The New Zealand Ministry of Health inspected a portion of a casino complex and determined that it constituted an “open area” under the Smoke-free Environments Act. The Cancer Society of New Zealand and other organizations disagreed with the Ministry’s interpretation and asked the Court to review the issue. The Court found that the Ministry’s enforcement agents improperly relied on an “Open Areas Calculator” (a mathematical tool) in determining whether the space was substantially enclosed. The Court found that the Open Areas Calculator was inconsistent with the definition of an “open area” in the law. The Court ordered the Ministry to reconsider whether the area of the casino could allow smoking under the law. 

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Cancer Society of New Zealand & Ors. v. Ministry of Health & Ors., CIV-2013-404-488 (2013) NZHC 2538.

  • New Zealand
  • Sep 30, 2013
  • High Court of New Zealand, Auckland Registry

Parties

Plaintiff

  • The Cancer Society of New Zealand Incorporated
  • The Problem Gambling Foundation of New Zealand
  • The Salvation Army New Zealand Trust

Defendant

  • Auckland Regional Public Health Service
  • Skycity Auckland Limited
  • The Ministry of Health

Legislation Cited

Smokefree Environments and Regulated Products Act 1990 (Public Act 1990 No. 108) (as amended)

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)

Related Documents

None

Type of Litigation

Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
Action against Government to Advance the Public Interest
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Excessive Delegation of Authority to the Executive
The legislative branch, through its tobacco control legislation, may have granted too much authority to the executive branch to implement measures administratively.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

None

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