Ministry of Health v The Lakehouse Restaurant Ltd  NZDC 13678
Published 24 May 2019
Sentencing — fine — smoking — Smoke-free Environments Act 1990 — Shearwater Hotels Ltd v Ministry of Health  NZHC 1142 — R v The
George On Willis Ltd  NZDC 8649.
The defendant company faced sentencing on one breach of the Smoke-free Environments Act 1990 for failing to take all reasonable steps to ensure persons did
not smoke in what was accepted to be an internal area.
The Judge identified the aggravating features to be the positive duty for the health of patrons and the public, and the considerable time in which the Ministry of
Health sought compliance before prosecuting.
Considering case law in determining the starting point, the Judge fixed at a fine of $1500. The defendant's guilty plea and previous good character (no previous
convictions) warranted a $500 reduction, bringing the end fine to $1000. The defendant was also ordered to pay a solicitor's fee of $200. Court costs were not
ordered. Judgment Date: 11 June 2018.