A law banning smoking and vaping in cars with kids hasn't been enforced. Photo / NZME
A law passed five years ago to fine drivers caught smoking or vaping in cars with kids still can’t be enforced – and not a single fine has been issued.
It’s despite Police Minister Mark Mitchell intervening a year ago after police said they didn’t plan to enforce the law as their computer systems didn’t allow it.
Mitchell ordered police to update their systems but Newstalk ZB can reveal this never happened.
The law was passed by the previous Labour Government in 2020 with support from National and aimed to prevent the harmful effects of second-hand smoke.
It came into force in 2021, allowing officers to use their discretion to issue warnings, $50 spot fines, or issue a court summons.
According to data obtained under the Official Information Act, police have issued 302 written warnings since the law came into effect.
Last August, when it was first revealed no fines had been issued, police initially said they were focusing on a “health-first” approach and wouldn’t give officers the power to issue fines.
“A punitive infringement notice approach will not help resolve underlying addiction challenges,” a spokesperson said.
Asked if police were worried people would flout the law knowing they couldn’t be fined, the spokesperson said officers could issue a court summons.
Police later confirmed it had not issued any court summonses.
In response to questions last year, Mitchell said he disagreed with the approach and ordered police to update their systems.
“Police have assured me that work is now under way to introduce an enforcement mechanism for this legislation,” Mitchell said.
“I agree that police should use operational discretion but the mechanism for enforcing legislation passed by Parliament should be available to frontline staff and that was not done.”
Fourteen months later – and nearly four years after the law came into force in November 2021 – police still haven’t updated their systems.
Mitchell now appears more relaxed about the situation.
“I’ll go back and ask again and see where they are on it, but that’s not my focus.
“Vaping in cars is not really something I had contained in my letter of expectation [to police], quite simply I’m focused on serious violent crime, making this country safer and getting on top of retail crime.”
Asked if a law is effective if the public knows they can’t be fined for breaking it, Mitchell said that’s a question for police.
Police said work to allow infringements to be issued is under way.
“We anticipate this capability will be in place following the implementation of a new system currently scheduled to be implemented proximate to July 2026.
“The scheduling of specific infringements to go live in the new system is still to be determined.”
In 2020, the Ministry of Justice warned the select committee considering the bill that if it became law before a system upgrade allowing police to issue fines, it could “undermine attempts by police to enforce” it.
As a result, Parliament voted to delay its enforcement by 18 months specifically to give police time to update their systems.
According to the Ministry of Health, second-hand smoke causes numerous health problems in infants and children, including asthma attacks and respiratory and ear infections.
The Asthma and Respiratory Foundation’s chief executive Letitia Harding said the lack of enforcement was frustrating.
“It’s timely to look at this again because it is all part of the education that vaping and smoking is detrimental, especially for our kids, as second-hand smoke.”
She suggested using the revenue from fines to pay for smoking and vaping-related education.
“We should be looking at fines. If we can fine $150 for texting and driving, I think this is an easy can-do situation.”
Labour’s police spokeswoman Ginny Andersen said the law needs to be enforced.
“[Mitchell] made an undertaking to pass this. It doesn’t seem acceptable at all that he now chooses not to do so.
“Both National and Labour voted in support of this law when it was in the House. The minister committed to it, he now seems to be stepping away from that.
“I think that’s because there’s pressure on the frontline due to his failure to deliver 500 new police.”
Ethan Griffiths is a political reporter with Newstalk ZB, based in the Parliamentary Press Gallery. He joined NZME as a print journalist in 2020, previously working as an Open Justice reporter in the Bay of Plenty and Wellington, and as a general reporter in Whanganui.