Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search


Smokefree Prosecution Extinguished

6 July 2005

Smokefree Prosecution Extinguished

The Ministry of Health prosecution of Wheatsheaf Tavern Limited for an alleged breach of the Smokefree Environments Act was extinguished at the Christchurch District Court on Monday.

Wheatsheaf Tavern Limited was placed into liquidation prior to the charge being heard before the court and the prosecution had sought a stay of proceedings and an order for costs.

District Court Judge Tony Couch declined to make an order for costs because the company no longer existed, and adjourned the matter to consider the stay of proceedings request. The prosecution subsequently withdrew the information.

WIN Party leader and form Wheatsheaf Tavern licencee John van Buren says, “This could be considered a satisfactory outcome, but probably not the one that was expected”.

Solicitor Kevin Clay of Christchurch law firm Macfarlane Dougall Stringer speaking on behalf of the WIN Party says, “It would have been in the best interests of the hotel industry for this particular case to have been heard by the court”.

“There are some very grey areas in the interpretation of the Smokefree legislation, and there can be no clarity until it is tested in court, but liquidation put paid to this being the test case”.

“The company was liquidated purely for fiscal reasons”, said Clay in response to criticism from some sectors that company director John van Buren wound up Wheatsheaf Tavern Limited only to avoid prosecution.

“The Wheatsheaf Tavern closed in March as a result of the Smokefree legislation and other factors related directly to the smoking ban and there was no plausible reason for keeping the company in existence on paper when there was no longer a tavern and no likelihood it could be successfully resurrected in the future”.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines


Wellington: Predator Free Capital Plan

Wellington City Council (WCC), the Greater Wellington Regional Council (GWRC) and NEXT Foundation, today announced a joint collaboration to make Wellington the first Predator Free capital city in the world. More>>


Gordon Campbell: On Judith Collins’ Efforts At Self Correction

Thousands of prisoners currently in prison may be entitled to an earlier release than expected – and compensation – because Corrections has incorrectly calculated their term of imprisonment. Unless of course, the government buries its mistakes by changing the law and retro-actively getting itself off the hook… More>>


More Justice & Corrections

Sector Opposes Bill: Local Government Bill Timeframe Extended

The Minister of Local Government Peseta Sam Lotu-Iiga has asked the Select Committee to extend the report back date for the Local Government Act 2002 Amendment Bill (No 2). More>>


Breed Laws Don’t Work: Vets On New National Dog Control Plan

It is pleasing therefore to see Louise Upston Associate Minister for Local Government calling for a comprehensive solution... However, relying on breed specific laws to manage dog aggression will not work. More>>


Not Waiting On Select Committee: Green Party Releases Medically-Assisted Dying Policy

“Adults with a terminal illness should have the right to choose a medically assisted death,” Green Party health spokesperson Kevin Hague said. “The Green Party does not support extending assisted dying to people who aren't terminally ill because we can’t be confident that this won't further marginalise the lives of people with disabilities." More>>


General Election Review: Changes To Electoral Act Introduced

More effective systems in polling places and earlier counting of advanced votes are on their way through proposed changes to our electoral laws, Justice Minister Amy Adams says. More>>

Get More From Scoop



Search Scoop  
Powered by Vodafone
NZ independent news