Battle to light up is just the start

Former publican John van Buren thinks defending his prosecution under the new smoke-free legislation is "merely the beginning of the fight for the rights of the average Kiwi".

He appeared in the Christchurch District Court yesterday as a director of Banks Peninsula's Wheatsheaf Tavern, the first to be prosecuted under the Smoke-free Environments Amendment Act.

The Ministry of Health is prosecuting the tavern for "failing to take all reasonably practicable steps to ensure that no person smoked at any time" between December 11 last year and February 13.

Mr van Buren pleaded not guilty and the case was remanded until next month.

Outside court, he said he did not believe he had broken any law. By informing patrons about the new rules, and by displaying no-smoking signs, he said he had taken "reasonably practical steps".

He and fellow defendant Timaru publican Geoff Mulvihill, who will appear in court next month on six similar charges, said the public should be able to choose if pubs are smoke-free and "not have it forced on us by this Government who didn't even ask the general population for an opinion".

"It's not about us or our pubs," says Mr Mulvihill, a non-smoker. "It's about the Government telling us what choices we have to make."

The pair have used their anti smoke-free legislation fight to start a political party, WIN - Freedom of Choice. They have lodged their application with the Electoral Commission and hope to have the party registered in six weeks.

WIN does not stand for anything "other than that we aim to win", said Mr van Buren.

"It's about getting the voice back for the public. But we're not a one-issue smoking party. We have broader concerns.

"We think that in between the three years when you have an election, you have no say. Every major issue should go to referendum in this country. Every referendum should be binding."

There is also the issue of small business compliance costs, which are "way too high".

Mr van Buren, who owns a gorse-spraying business, had not previously considered a life in politics. Now he hopes to take the Banks Peninsula seat from Ruth Dyson at the coming election.

Mr Mulvihill has yet to decide if he will stand, but if he does he will be up against Jim Sutton in Aoraki.

Since the smoke-free legislation was enacted, the Ministry of Health has received 195 complaints.

Of those, 94 occurred in licensed premises, 50 in workplaces, 29 involved the sale or display of cigarettes, and 22 others. More than half, 115, have been resolved.

Ministry spokesman Graeme Gillespie said "appropriate action" would continue to be taken.

"The support of most licensees and employers must be supported by strong action against those who persistently or deliberately fail to comply with the legislation."