Ministry of Health v The Lakehouse Restaurant Ltd [2018] NZDC 13678

Published 24 May 2019

Sentencing — fine — smoking — Smoke-free Environments Act 1990 — Shearwater Hotels Ltd v Ministry of Health [2017] NZHC 1142 — R v The George On Willis Ltd [2017] 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.