B v Waitemata District Health Board - [2016] 3 NZLR 569

Administrative law — Judicial review — Whether smoke-free policy consistent with district health board’s empowering legislation — Whether district health board took into account relevant instruments when developing smoke-free policy — Whether patients had a legitimate expectation to smoke on district health board premises — Smoke-free policy not contrary to New Zealand Bill of Rights Act 1990 — New Zealand Bill of Rights Act 1990, ss 9, 19, 23(5) and 28.

Human rights — New Zealand Bill of Rights Act 1990 — Policy not amounting to torture or cruel, degrading or disproportionately severe treatment — Policy not inconsistent with patients’ right to be treated with humanity and with respect for their dignity — Policy not discriminating against psychiatric patients — No free-standing right to private life to which policy might interfere — Whether smoke-free policy is justified limitation on rights — New Zealand Bill of Rights Act 1990, ss 9, 19, 23(5) and 28.

Human rights — Discrimination — Whether smoke-free policy discriminates against psychiatric patients — Definition of appropriate comparator to determine discrimination — No “intra-ground” discrimination where people with same disability were differently targeted — Policy was of general application to all patients, while B had been detained for medical reasons — New Zealand Bill of Rights Act 1990, s 19.