Smoke police get video-power to monitor pub puffers

By RUTH BERRY, Political Reporter


Smoke-free enforcement officers will have the power to enter pubs armed with cameras and video cameras under far-reaching smoking laws due to be passed today.

Evidence gathered in pub checks may be used to prosecute breaches of the law, with bar owners liable to face fines up to $4000.

The law banning smoking in bars, clubs, restaurants and a range of other places comes into force in 12 months, although the ban will apply to schools and early-childhood centres from early next year.

MPs opposed to the Smoke-Free Environments (Enhanced Protection) Amendment Bill said yesterday that giving enforcement officers cameras to patrol bars showed the legislation was prescriptive and silly.

United Future leader Peter Dunne said: "We're in danger of investing more power in these officers than in law-enforcement agencies.

"You don't see police walking around with video cameras."

Act MP Heather Roy said the plan raised privacy issues.

The officers already use cameras when investigating breaches of the Smoke-free Environments Act 1990, but will have the power to use them, as well as video cameras, much more broadly under the changes.

Associate Health Minister Damien O'Connor said the issue was "rather academic, quite frankly".

"There has not had to be strong policing of existing laws regarding smoking in restaurants" and the officers would "certainly not" be spending the bulk of their time trying to film errant smokers.

Labour MP Steve Chadwick said fears were misplaced about the "enforcement officers", who she admitted had a "lousy" title.

"We don't want smoke protection officers to become mini-police, that's not their role. Their job is not snooping around bars pinging individuals who persistently smoke."

Mr Dunne and Ms Roy said although the legislation, and its intent, were draconian, it would be toothless in effect.

Ms Roy said only 17 part-time enforcement officers were employed by the Ministry of Health and it had told MPs it had no plans to increase the numbers.

Bar owners and patrons would break the law, gambling that the chance of them being caught was minimal.

Mr Dunne said the Government's decision to ditch plans to impose a $400 fine on smokers who broke the law had further removed incentives to comply.

Ms Chadwick said the fines were dropped "because this is public health legislation and that's about social change, not policing".

"Seventy-five per cent of New Zealanders don't smoke and this gives them the right to say, 'You can't smoke here'."

The Government faced a last-minute panic over the legislation, after a cigar shop owner wrote to Leader of the House Michael Cullen claiming a drafting error in the bill would have prevented the sale of cigars.

Had the bill required rewording, the support of all parties in the House would have been needed - creating another opportunity for opponents to delay its introduction.

Mr O'Connor said the Government's advice was that the drafting was fine and the claims were a "last-minute move to foot-trip the bill".

Smoking bans

* Early childcare and schools completely smoke-free.

* All indoor workplaces including bars, clubs, restaurants and casinos.

* No smoking in (working) taxis.

* Sale of toy tobacco products banned to under-18s.

* Smoking rooms for residents only of resthome or hospital care institutions.