Casino smoking lounge to be reconsidered

Sky City says it will work to comply with smoke-free laws after a High Court judge ruled the Ministry of Health can't use its calculator for deciding if a room can be considered "open" for smoking.

The Cancer Society, along with the Salvation Army and the Problem Gambling Foundation, took health authorities and Sky City to court, arguing the Auckland casino's Diamond Lounge broke the rules of the Smoke-free Environments Act.

The lounge is a roofed area ventilated by louvres and gamblers can smoke there because the ministry's "open areas calculator" classes it as an open area.

Justice Rodney Hansen said the Ministry of Health calculator, which takes into account the room's area, openings and airflow to determine whether a room is "substantially enclosed" or not, is contrary to the Act.

He said the ministry cannot legally replace a simple factual question of whether a space is substantially enclosed by an airflow calculation, and asked it to reconsider the decision in this light.

Sky City general counsel Peter Treacy said the ministry had used the calculator for years and it had potential implications for many other venues.

He said it was important to note the case was about the ministry's calculator and not a ruling on the Diamond Lounge.

"Should the Diamond Lounge be found not to be an open area following this judgment, Sky City will work to comply with the law."

Cancer Society national health promotion manager Jan Pearson says the society is delighted by the result, saying it was the logical outcome given what the Act says.

A ministry spokesman said it would be reviewing the judgment and considering the long term implications for workplaces and licensed premises.