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Outdoor smoking guidelines deemed vague and unfair

Author
Georgina Campbell,
Publish Date
Wed, 11 Jan 2017, 6:06AM
(Image: Getty Images)
(Image: Getty Images)

Outdoor smoking guidelines deemed vague and unfair

Author
Georgina Campbell,
Publish Date
Wed, 11 Jan 2017, 6:06AM

Wellington bar owners are at boiling point over a reasonable-person test the Ministry of Health is using to determine legitimate outdoor smoking areas.

Owners say the ministry is cracking down on smoking areas with guidelines that are vague and unfair.

Hospitality New Zealand spokesman Dylan Firth said it's disappointing the ministry won't be making it's guidelines less subjective despite documents revealing that was the recommendation.

"People feel like they're being given the run around a little bit. The tests that they're currently using talk about the reasonable person test and whether a reasonable person thinks an area is inside or outside.

"However, the reasonable person to them is the person from the health board who's judging it."

The documents recommend less subjective parameters should be applied to guidelines which at the moment include a reasonable test.

One of the recommendations is to develop a traffic light approach representing indoor to outdoor ratios.

When questioned why the ministry hasn't changed the guidelines a tobacco control spokeswoman said the reasonable person test is in fact workable as a first line of guidance.

She said the traffic light approach could help as a second line of guidance yet to be assessed in court.

 

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