Ministry of Health v Shearwater Hotels Ltd [2017] NZDC 25619

Published 12 July 2018

Failure to take all reasonably practicable steps to ensure no person smokes in an enclosed area — sentencing — Smoke-Free Environments Act 1990, ss 12, 17 & 17A. The defendant company appeared for sentence on three charges of failing to ensure that no person smoked in an area on a licensed premises that was not an open area. The matter had been previously appealed to the High Court who quashed the original convictions and referred the matter back to the District Court to determine whether the areas where smoking had been complained of were "internal areas" or "open air". The defendant subsequently pleaded guilty and sought to be sentenced. The defendant hotel was given a discount for its guilty pleas and a fine of $1,650 was imposed across the three charges plus court costs and solicitor's fees. Judgment Date: 10 November 2017.