Transtasman compo hope for smokers

By JAMES GARDINER

New Zealand smokers who took up the habit across the Tasman may be able to sue Australian tobacco companies, says a barrister involved in a landmark lawsuit.

Australian Neil Francie told the Ash (Action on Smoking and Health) conference in Wellington yesterday there was scope for New Zealanders to seek compensation if they lived in Australia from the mid-1970s on and were influenced by "misleading and deceptive" conduct by tobacco companies.

Mr Francie acts for Sydney woman Myriam Cauvin, who is making such a claim under Australia's 1974 Trade Practices Act.

He said that until about five years ago tobacco companies disputed that smoking was harmful and denied that it was addictive. Companies in both Australia and New Zealand argued against restrictions on their rights to advertise and demands for warning labels on cigarette packs.

"If you have a look at their websites they now say that smoking is harmful, smoking is addictive, there's no such thing as a safe cigarette.

"They've only been saying that for the last four or five years. Up until that time they denied and disputed it."

Had the companies made such admissions as soon as the act took effect the current rate of smoking would likely be much lower.

Mr Francie said someone who moved to Australia in the 1970s, took up smoking and moved back to New Zealand would have a good case, whereas someone who started smoking in New Zealand then moved to Australia would not have such a strong claim.

However, they might be able to sue the tobacco companies in New Zealand, most of which had the same parent companies as the Australian ones.

Ash director Becky Freeman said there was no reason a class action could not be started in New Zealand.

Invercargill smoker Janice Pou began legal action against British American Tobacco and its subsidiary WD & HO Wills before her death from lung cancer two years ago. That action is being continued by her children as executors of her estate.

Mr Francie said people who thought they had a claim in New Zealand or in Australia could contact Ash's Auckland office.