WELLINGTON - Government ministers and anti-smoking group Ash have criticised a Maori Council anti-smoking case, saying it should be against the tobacco companies, not the Government.
Papers were filed at the Waitangi Tribunal this week by lawyers for Rotorua kuia Bubbles Mihinui, aged 80, and the Maori Council - the first step toward forcing the Government to join tobacco firms as defendants in a High Court action.
"I think the case is more against the tobacco companies than against the Crown," said Maori Affairs Minister Dover Samuels, a former smoker.
"I find it hard to find the connection with having the Crown as a defendant, but I'm not a lawyer."
People had to take some responsibility for their own health, he said.
Studies show that Maori smoke at twice the rate of any other population group.
Council chairman Sir Graham Latimer said the Government had induced Maori to smoke by providing tobacco in exchange for land and by giving soldiers and prisoners cigarettes.
"I have to confess that I smoked for a number of years," he said. "In the Army you were given your rations each week, and by law you weren't allowed to give them to anybody else - you either had to smoke them or give them back. So in most cases people started smoking."
Ash director Trish Fraser said the Maori action would be the first anti-smoking litigation, since Ash's group action against the tobacco firms had been declined legal aid.
Her group would not work with the council, "but I think Maori have a real case against the tobacco industry. The rates of smoking for Maori are disproportionate compared with Pakeha, so we'd like to see the tobacco industry pay."
Prime Minister Helen Clark said last month that New Zealand and Australia would jointly research a case against the tobacco industry. Ms Fraser said Ash would put its weight behind that action.
Associate Maori Affairs Minister Tariana Turia said tobacco companies should be held accountable.
"Like most Maori, I have seen many of my whanau die from smoking-related illness. None of my mum's brothers or sisters lived past 50 years."
- NZPA
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