Shearwater Hotels Ltd v Ministry of Health - [2017] 3 NZLR 268

Environmental law — Health and safety — Statutory interpretation — Smoke-free areas — Whether outdoor areas were open areas or internal areas — Whether areas had closeable openings — Whether areas enclosed or substantially enclosed at relevant times — “Open area” — “Internal area” — “Closeable opening” — Smoke-free Environments Act 1990, ss 2, 3, 4, 12 and 17.

Criminal law — Burden of proof — Whether charges proven beyond reasonable doubt — Statutory offences — Whether smoking prohibited in outdoor areas of building — Whether by definition areas internal areas — Whether areas completely or substantially enclosed at relevant times — Whether all reasonably practicable steps taken to ensure no-one smoked in internal areas — “Open area” — “Internal area” — “Closeable opening” — Smoke-free Environments Act 1990, ss 2, 3, 4, 12 and 17.