The legal protection of people in New Zealand from harm caused by smoking

Abstract

This thesis is about the legal protection of people in New Zealand from harm caused by smoking. Chapter I briefly discusses the history of tobacco and introduces the problem of smoking in New Zealand. Chapter II examines the nature of tobacco and its effects on the health of smokers and passive smokers. It is concluded that tobacco is an addictive substance harmful to the health of both smokers and passive smokers. Chapter III considers laws which protect people from harm caused by passive smoking. In part A of chapter III various common law actions and general statutes which do not specifically refer to non-smokers are examined in order to identify possible remedies available to non-smokers prior to and outside of the Smoke-free Environments Act 1990. It is concluded that although various common law actions and general statutes may provide a remedy for some aggrieved non-smokers there is nevertheless a need for legislation which specifically protects all non-smokers from being forced to breathe tobacco smoke. Part B of Chapter III explains how such legislation is justifiable, briefly overviews overseas legislation and examines the passive smoking provisions of the Smoke-free Environments Act 1990. It is argued that legislation to protect non-smokers from exposure to tobacco smoke in enclosed spaces in public places and workplaces is justifiable because the harm caused to non-smokers by passive smoking is far greater than any harm caused by banning smoking in these places. Chapter IV considers laws protecting people from harm caused by smoking. Part A of chapter IV considers the likelihood of a New Zealander successfully suing a tobacco manufacturer for harm caused by smoking. It is concluded that there are many hurdles a plaintiff must overcome in order to be successful and that even though successful tobacco litigation would have positive effects it is unlikely to solve the overall problem of smoking. The most effective means of protecting people against the effects of smoking are education and legislation banning tobacco advertising. Chapter IV part B explains how legislation banning tobacco advertising is justifiable, briefly overviews overseas legislation and examines the tobacco advertising provisions of the Smoke-free Environments Act 1990. It is argued that legislation banning tobacco advertising is justifiable because the harm caused by allowing the tobacco industry to vigorously advertise an addictive and lethal product is far greater than any possible harm caused by banning such advertising. Chapter V summarises the conclusions of the thesis. In essence it is concluded that smoking and passive smoking cause disease, illness and death; that education and litigation are important but will not solve the smoking problem; that legislation to ban tobacco advertising and ban smoking in enclosed spaces in public places and workplaces is necessary and justifiable and that although the Smoke-free Environments Act 1990 needs tightening up and redrafting in places it is essentially an extremely important piece of legislation for all New Zealanders.