The Waitemata District Health Board's smoke-free policy has been unanimously backed by the Supreme Court.
An inpatient at the DHB's mental health unit was told he was not allowed to smoke while on the premises.
The appellant challenged the policy saying the DHB had to provide dedicated smoking rooms in mental health units under the Smoke-free Environments Act.
He also claimed the policy had breached his rights under the Bill of Rights Act, which he argued includes a right to choose to smoke.
The Court found that the DHB doesn't need to provide smoking rooms in its mental health units, nor is the DHB's smoking policy inconsistent with the Bill of Rights.
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