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Fifteen months have passed since a law banning smoking and vaping in cars carrying children and teens came into effect and not a single person has been fined for breaking it.
The law came into force on November 28 2021. Anyone caught can face a fine of $50, or a court can impose a fine of up to $100.
But figures released under the Official Information Act (OIA) show police have not fined a single person for breaking the law.
The numbers were released for former Stuff and The Dominion Post reporter Simon Bradwell, who asked for the information after seeing a man in Wellington lighting up with two young children in the car.
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“While support and education is commendable and no doubt effective, smokers can light up with their kids in the car, knowing that it won’t cost them a cent, which seems strange given government gave police the authority to issue fines and clearly wanted them to use it,” Bradwell said.
Superintendent Steve Greally said police were focused on “education, engagement, and encouragement” and referring people to help with quitting.
“If further action is required, verbal warnings and written warnings may be given. Currently, police may only enforce offences by way of summons, so any enforcement action is carefully considered on a case-by-case basis to ensure it is appropriate and proportionate to the level of offending.”
Action on Smoking and Health (Ash) director Ben Youdan said a new Ash survey showed 11% of year 10 students travelled in vehicles someone had smoked in the past week.
That number was dropping over time but it was hard to say if this was down to the legislation change or fewer people smoking.
Ash largely supported the police approach though there were likely times – such as people smoking in cars with young children, or repeat offenders – when a fine would be appropriate.
Health Minister Dr Ayesha Verrall said police had operational independence from the government but she had prioritised enforcement of smoking regulations by public health authorities.
”The evidence is clear that second-hand smoking is harmful to our children and research shows us too many of our tamariki are being exposed to it,” she said.
A separate OIA in 2022 showed police had issued 21 written traffic warnings to those caught breaking the law by April 6 2022.
The most warnings given have been in Canterbury with five incidents resulting in a warning, four in Wellington, three in Waikato, while Auckland City, Bay of Plenty and Southern all had two instances.
Northland, Waitematā and Counties Manukau had one person caught, and Central, Eastern and Tasman had no warnings issued.
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