B v Waitemata District Health Board - [2017] 1 NZLR 823

Human rights — Discrimination — Smoking ban in intensive care unit of mental health institution — Whether discrimination on grounds of disability — New Zealand Bill of Rights Act 1990, s 19(1).

Human rights — Humane treatment — Smoking ban in intensive care unit of mental health institution — Whether respected inherent dignity of persons — Whether smoking choice went to core of individual dignity and independence — Whether policy inhumane — Whether policy contravened right to home and family life — New Zealand Bill of Rights Act 1990, ss 9, 23(5), 28.

Mental health — Rights of inpatients — Smoking ban in intensive care unit — Whether lawful — New Zealand Bill of Rights Act 1990, s 23(5).

Statutes — Interpretation — Whether “may” meant “must” — Plain meaning of section — Context and legislative history.