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


Successful outcome of the Open Area Calculator

Media Release
Tuesday 1 October, 2013

Successful outcome of the Judicial Review of the Open Area Calculator

Earlier this year the Cancer Society joined with, Salvation Army Trust and The Problem Gambling Foundation of New Zealand, to call for a judicial review of the open area calculator used to approve smoking areas in licenced premises. The case cited SkyCity Casino’s Diamond Lounge, which has an approved ‘open area’ that any member of the public would most likely deem substantially enclosed. They argued that it contravened the Smoke-free Environments Act 1990.

In the review documents it was pointed out that premise owners are able to take advantage of the ambiguous guidelines in calculating open spaces for smokers and this in turn creates a health risk to patrons and staff. It is also in direct contradiction to the Government’s goal of a smoke-free New Zealand by 2025. The judicial review took place on Wednesday 7 August, 2013 in Auckland.
The organisations are delighted with the findings of the review, just released, as the judge has agreed the calculator is inconsistent with the definition of an ‘open area’ under the Act.

The calculator, routinely used by Smokefree Enforcement Officers to assess premises, uses a complex combination of information about the total floor area, openings and windows, side and ceiling measurements.

“The decision to call for a judicial review was because it was blatantly obvious the calculator supported smoking in an area that was indoors. The ruling means premise owners will no longer be able to take advantage of the ambiguous guidelines to design ‘open area’ smoking spaces,” said Dr Jan Pearson, Health Promotion Manager of the Cancer Society.

“We look forward to a new method of assessing ‘open areas’ that is consistent with the intent and purpose of the Smoke-free Environments Act 1990 and that support the Government’s stated goal of a smoke-free Aotearoa by 2025. We are sure staff and smoke-free patrons will look forward to the changes as well.”


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Covid-19:Probable Case In A Returnee

The Ministry of Health is investigating a positive test result in a person who recently travelled from overseas and completed their stay in managed isolation in a facility in Auckland...

After meeting the final health assessment for release, she left managed isolation on 13 January and travelled home to the Northland region. She lives with one other person who has not been symptomatic, who has been tested and is also isolating while awaiting results...More>>


Oranga Tamariki: Chief Executive Grainne Moss Steps Down

Controversial Oranga Tamariki chief executive Grainne Moss has decided to step down. More>>


USA: Prime Minister Congratulates President Joe Biden On His Inauguration

Prime Minister Jacinda Ardern has congratulated President Joe Biden on his inauguration as the 46th President of the United States of America. “I look forward to building a close relationship with President Biden and working with him on issues that matter ... More>>


New Zealand Government: Cook Islanders To Resume Travel To New Zealand

The Prime Minister of New Zealand Jacinda Ardern and the Prime Minister of the Cook Islands Mark Brown have announced passengers from the Cook Islands can resume quarantine-free travel into New Zealand from 21 January, enabling access to essential services such ... More>>


A New Year: No politicians at Rātana in 2021

Annual celebrations at Rātana pā will be different this year, amid a decision to hold an internal hui for church adherents only… More>>


Government: New Public Housing Plan Announced

RT HON JACINDA ARDERN HON DR MEGAN WOODS The Government has released its Public Housing Plan 2021-2024 which outlines the intention of where 8,000 additional public and transitional housing places announced in Budget 2020, will go. “The Government ... More>>

Government: Pre-Departure Testing Extended To All Passengers To New Zealand

To further protect New Zealand from COVID-19, the Government is extending pre-departure testing to all passengers to New Zealand except from Australia, Antarctica and most Pacific Islands, COVID-19 Response Minister Chris Hipkins said today. More>>


Covid: Border Exception for 1000 International Students

The Government has approved an exception class for 1000 international tertiary students, degree level and above, who began their study in New Zealand but were caught offshore when border restrictions began....More>>





InfoPages News Channels