An Auckland father is furious that his 12-year-old son in Social Welfare care is being given three cigarettes a day.
The cigarettes are rationed out by a residential trust, which says it is managing the boy's addiction with the aim of helping him to quit.
The father says those responsibleshould be charged with attempted murder. But the trust has the backing of welfare authorities, who have custody, and he says he is powerless to stop "idiots" from damaging his son's health.
The anti-smoking lobby Ash says giving cigarettes to children is legal as the law prohibits only selling to those under 18.
Director Trish Fraser said that if the boy was addicted, the trust's approach was reasonable. However, the trust and the Children, Young Persons and their Families Agency risked being sued if the boy developed a smoking-related illness.
The family and trust cannot be identified.
The trust maintains the 12-year-old arrived in its care addicted, having smoked for a number of years, although the father denies this.
"I'd like to see them prosecuted for attempted murder," he said.
"They are giving him a time bomb. The warnings on cigarette packets are clear as day and instead this gives [children] the message they can do what they want."
He said his three children had been removed from his ex-wife's care, and the case had a background of custody and access disputes.
The trust's director said a small number of young smokers were issued up to three cigarettes a day and given counselling to help them to quit. They would otherwise smoke at school and risk suspension, or steal to support the habit.
But there were strict rules about when and where smoking was allowed. "Having given them permission to smoke, we find that they almost always smoke less. It brings it out in the open and takes away the opportunity for the rebellion which they find so attractive."
The boy's social workers, mother and grandmother supported the arrangement, the director said.
The National Heart Foundation director, Dr Boyd Swinburn, said the case presented a tough call but nicotine replacement therapy, such as patches or gum, could be an alternative to cigarettes.