First prosecution under smokefree laws halted

The first prosecution under laws banning smoking in bars is not going ahead.

Former Banks Peninsula publican John van Buren's company Wheatsheaf Tavern (2004) Ltd was to be the first in New Zealand to defend a criminal charge for breaching the Smokefree Environments Amendment Act.

But he placed the company into voluntary liquidation on Friday.

In Christchurch District Court today the prosecution sought to have the charge stayed, but not withdrawn, Mr van Buren told NZPA.

Judge Tony Couch was expected to decide later today whether to stay or withdraw the charge.

Putting the company into liquidation was something that had only been considered last week, as a certain way of getting off the charge, Mr van Buren said.

"To us that was going to be the certain way of having a win...obviously when you go to court, by any means you try and get off with those charges."

Despite that, he had been looking forward to arguing the case in court but had not been looking forward to the costs that would have incurred.

"I walked out of the pub with quite a bit of debt, that I've now got to work to pay off. Obviously liquidation helps that as well."

He was sure that without the smokefree law he would have stayed in business, rather than walking out of the pub in March.

"Even though I allowed smokers in my bar it got down to a stage later on where I was being given a hard time by the authorities and that affected my custom," he said.

While he could have fought the case, his personal circumstances with the amount of debt he had from the pub weren't "that flash".

"So I was a bit worried financially about how we were going to chase it, or how long we could chase it for.

"Ultimately we felt we had a pretty good chance of getting off anyway," Mr van Buren said.

With the court case dealt with he now had more time to work on the Win political party, set up in the wake of the smokefree law, of which he is the leader.

He would also be working as a fencing contractor, truck driving and gorse spraying in season to pay off some debt.

Party deputy leader Timaru publican Geoff Mulvihill is himself due in court in August to defend six charges under the smokefree legislation against his Carlton Hotel.

- NZPA