In a decision released today, the Court of Appeal has dismissed a case challenging the legality of a total ban on smoking on Waitemata District Health Board (WDHB) premises.
The smoke-free policy, in place since 2009, prohibits smoking inside and on the grounds of all WDHB sites, including its mental health units -- leaving patients and employees who cannot leave the premises unable to smoke.
The Court of Appeal decision found the policy was legal and did not discriminate against psychiatric patients or breach the New Zealand Bill of Rights Act.
"As a major healthcare provider, Waitemata DHB has a significant role in promoting and supporting better health outcomes for our patients and the community," said Waitemata DHB Chief Executive Dr Dale Bramley.
"The DHBs smoke-free policy is crucial to promoting smoking cessation."
Barrister Richard Francois fought against the decision, he says the DHBs case was "completely fallacious" and that the decision will kill more than save.
"Since 2010 more people have died in psychiatric units as a result of the smoke free policy," Mr Francois said.
He blames the WDHB for contributing to patient suicides by forcing them to withdraw from nicotine when they were already acutely unwell.
He argues that "enduring the suffering of nicotine withdrawal" means patients have been "tortured, they've been treated inhumanely", and the Court of Appeal ignored the scientific evidence that the smoke-free policy would not lead to psychiatric patient long-term smoking cessation.
Mr Francois said the signs of nicotine withdrawal are agitation, irritability, aggression and abusive language -- behaviours often confused with mental health problems.
Take your average smoker, deprive them of nicotine and see how they react, he said.
Despite attempts to have him arrested and struck off, Mr Francois says he would continue the fight for patient's rights.
Newshub.
