Police change approach after initially not fining motorists smoking and vaping in cars carrying children

A law banning smoking and vaping in cars carrying children is intentionally not being enforced by police. Photo / 123rf

The Government has stepped in after it was revealed police have intentionally not been enforcing a law banning smoking and vaping in cars carrying children.

NZME can reveal not a single fine has been issued since the law came into force in 2021, with police saying fines are punitive and unlikely to work.

It can also be revealed police never carried out the necessary system upgrades to issue fines, despite Parliament delaying the law coming into force for 18 months to allow for the updates.

The law was passed by the Labour-led coalition in 2020 with support from National. It allowed officers to use their discretion to issue $50 spot fines.

An Official Information Act request revealed 185 warnings have been issued since November 2021, but no fines. Police said this was because they were focused on a “health-first” approach and never updated their systems to allow fines to be issued.

“A punitive infringement notice approach will not help resolve underlying addiction challenges.”

Asked if police were worried people would flout the law in the knowledge they couldn’t be fined, police said in a statement that officers could issue a court summons. Police later confirmed not a single court summons had been issued.

The police also confirmed there were “no plans” to allow officers to issue fines.

But that position has changed after NZME asked Police Minister Mark Mitchell if he was comfortable with the approach.

Police Minister Mark Mitchell says police have assured him work is under way to ensure they can enforce the law. Photo / Mark Mitchell

“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.”

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 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.

Mitchell jabbed Labour over the approach to enforcement, saying it was “typical [of their] approach of legislating with good intentions and failing to ensure that action followed”.

He said Labour was aware police faced challenges with the infringement system and directed officers to take “an education approach with enforcement as a last resort”.

Labour’s health spokeswoman Ayesha Verrall said she’s pleased the law will soon be enforced.

“We’re pleased that police will be able to enforce this legislation, which prohibits smoking and vaping in cars with children, and that I anticipated would need to be enforced after a period of education.”

Ethan Griffiths is the Executive Producer of Wellington Mornings on Newstalk ZB. He joined NZME in 2020, previously working as a crime and justice reporter.