Coddington Deborah: Questions for Oral Answer — Questions to Ministers 
Coddington Deborah: Questions for Oral Answer — Questions to Ministers 
[Volume:622;Page:17636] 
12.  
DEBORAH CODDINGTON (ACT) 
 to the  
Associate Minister of Health 
: How does the Government expect to enforce the ban on smoking in bars and what measures will be implemented to deal with patrons and bar owners who flagrantly disregard the law? 
Hon DAMIEN O'CONNOR (Associate Minister of Health) 
: 
 It is the Government’s expectation that the vast majority of patrons and bar owners will abide by the law. Establishments that flagrantly disregard the law will face prosecution. 
Deborah Coddington 
: With only 24 smoke police in New Zealand how does he intend his smoking bans to be enforced in pubs RSAs working men’s clubs cafes restaurants and bars on the West Coast and how many of the 24 smoke police will be deployed to the West Coast? 
Hon DAMIEN O'CONNOR 
: West Coasters are very very sensible people. They understand the value of this legislation. I feel confident that they will appreciate the efforts that this Government has made through this legislation to protect the health of workers in establishments up and down the region. 
Steve Chadwick 
: How has this Government been working with the hospitality industry in the lead up to the implementation of this Act? 
Hon DAMIEN O'CONNOR 
: The Ministry of Health has worked closely with industry representatives including the Hospitality Association to develop guidelines and communicate strategies to the industry and public. Over 14000 licensees have received three letters on those guidelines and strategies and a media campaign is running to inform the public. 
Rodney Hide 
: I raise a point of order Mr Speaker. I let the other question go because I did not want to interrupt it. We heard about West Coast people being very sensible but the Minister was actually asked how many of the smoke police would be deployed to the West Coast. He did not address that. Are we to take it that none will be deployed to the West Coast? 
Mr SPEAKER 
: I will not answer that question. That is not my job. I have to determine whether the Minister addressed the question. He did. It might not have satisfied the member but then quite often members are not satisfied. 
Peter Brown 
: Is the Minister aware that when this legislation comes into place an inspector will be able to walk into an RSA and if the management or staff are not available he will be able to take a photograph or a video of an innocent serviceman smoking; and if he is aware of that does he think that is an appropriate way to treat people who fought for the freedom of this country? 
Hon DAMIEN O'CONNOR 
: While that may be one of the methods used the process to establish whether there has been any breach of the law is quite comprehensive. The RSA or any other establishment just has to take all reasonable and practicable steps to inform people that the area is smoke free. If they do that they will not be prosecuted. Any bar owners who flagrantly flout the law will be prosecuted. 
Sue Kedgley 
: Is he one of many New Zealanders who are literally counting the hours until midnight so that they can have a drink in a bar without putting their health at risk and coming out smelling like an ashtray and is he aware that many bars are recording record bookings for Friday night because office Christmas parties can now be held in bars? 
Hon DAMIEN O'CONNOR 
: I am aware that there is very widespread support for this legislation. In fact the latest survey says that 78 percent of New Zealanders think this new law will be good. I have every confidence that the bars and hotels around this country will see increased patronage because of this law. 
Hon Peter Dunne 
: Will the Minister concede that the answer to the penultimate question where he talked about bar owners taking every reasonable step to enforce the law and only those who flagrantly breached it would be prosecuted means that this law is nothing more than symbolic and completely unenforceable; and if he will not concede that can he demonstrate to the House one tangible way in which it will be even-handedly enforced across the country? 
Hon DAMIEN O'CONNOR 
: In 1990 legislation was brought into this country and people said the same things then that it was unenforceable. We now expect to be able to go to a restaurant and not have to face patrons who are smoking. I have every confidence that in 2 or 3 years’ time people will wonder why we ever allowed smoking in bars throughout this country. 
Hon Peter Dunne 
: I raise a point of order Mr Speaker. I submit to you that my question which asked the Minister to agree or disagree with a proposition and then to give a specific example of how the law was to be enforced even-handedly was not even remotely addressed in the answer. We got the Minister’s opinion that all would work well. That is hardly an answer to the specific question. 
Mr SPEAKER 
: On this occasion I agree with the member. The question can be asked again. 
Hon Peter Dunne 
: Does the Minister concede that his comments that bar owners must take every reasonable step to enforce the law and only those who flagrantly disregard the law would be prosecuted mean in effect that the law is nothing more than symbolic and utterly unenforceable; and if it did not mean that would he please give the House one practical example of how it will be enforced on an even-handed and consistent basis right across the country? 
Hon DAMIEN O'CONNOR 
: “Reasonable and practical steps” is a term used in many laws across the country. For example if a bar owner refuses to put up signs saying that an area is smoke free that is a clear breach of the law and that person will be prosecuted. 
Rt Hon Winston Peters 
: Does the Minister think it is fair to men who put their lives on the line day after day in the Second World War to defeat the Nazis and were provided with cigarettes on a daily basis to settle their nerves that they should then come home and build their own clubs only to find they have been beaten by the Nazis back here in respect of their rights and that we are about to send people who are 82 years of age out into the freezing cold to have a cigarette some time in the night? 
Hon DAMIEN O'CONNOR 
: We appreciate the efforts of all those old soldiers and what they have done for this country. Many many RSAs throughout this country have welcomed this law as well because they now understand the value of having a smoke-free environment. 
Rt Hon Winston Peters 
: Name one. 
Hon DAMIEN O'CONNOR 
: To name one the Motueka RSA is subsidising its members to go on a smoke-free course so that they can give up the habit. So there is one. To offer some comfort to RSA members throughout the country they will be pleased to know that the same law applies to Parliament. Everyone will have to leave the precincts of Parliament to have a cigarette. 
Gerrard Eckhoff 
: Will the Minister rule out the use of sting operations involving people deliberately lighting up in bars in order that officials can fine unsuspecting bar managers; if not why not? 
Hon DAMIEN O'CONNOR 
: I am pretty sure I can give an absolute assurance that that will not be the approach taken on the implementation of this law. 
Rt Hon Winston Peters 
: If the Minister is so concerned about people’s health what is he doing about medical misadventure that sees 1500 people die every year in this country or the obesity-related diseases that see 7000 people die every year in this country which is a 434 percent or 2003 percent greater incidence of death than deaths associated with smoking or is it just too hard for him to do something purposeful on this matter? 
Hon DAMIEN O'CONNOR 
: This week the Government launched a campaign to try to fight obesity in this country. We are concerned through this law for the 400 people in this country who die every year from secondhand-smoke inhalation. We are focusing on all those areas of health. 
Rt Hon Winston Peters 
: Mr Speaker— 
Mr SPEAKER 
: The member’s party has had 11 supplementary questions. 
Rt Hon Winston Peters 
: I seek leave to ask a further supplementary question. 
Mr SPEAKER 
: The member is seeking leave to have one extra question. Is there any objection? There is not. 
Rt Hon Winston Peters 
: Why does the Government think it is right to impose its own selective views in respect of this measure even when people have built their own clubs and have their own committees of organisation and their own articles of association to govern the way they might behave within those clubs; why is this Government poking its nose into their business and will the so-called attitudinal police have black uniforms and a very familiar salute with their right arm? 
Hon DAMIEN O'CONNOR 
: No I am sure they will be dressed very normally. We are concerned about the health and safety of workers right throughout this country. One of the positive things I can see for that member will be the extra exercise he will have to take in walking outside the precincts to have a cigarette. He might cut down on his smoking as well. 
Mr SPEAKER 
: The Minister will not bring personal reflections on members into the House. The Minister will withdraw and apologise for that. 
Hon DAMIEN O'CONNOR 
: I withdraw and apologise. 
Hon Dr Nick Smith 
: I seek the leave of the House to table news reports on the West Coast of the Hotel Association saying that this measure will close several hotels on the West Coast. 
Mr SPEAKER 
: Leave is sought to table those news reports. Is there any objection? There is. 
Hon DAMIEN O'CONNOR 
: I seek leave to table a press release stating that the Nelson Suburban Club is also subsidising its members to undertake a stop-smoking course. 
Mr SPEAKER 
: Leave is sought to table that press release. Is there any objection? There is.