By Michael Morrah
A lawyer representing Auckland Prison has rejected suggestions that banning inmates from smoking is unlawful or unfair.
Maximum security inmate Arthur Taylor, who has a string of convictions for armed robbery, kidnapping and escaping custody, has brought a civil case against Auckland Prison's manager in an attempt to have the ban ruled invalid.
The High Court in Auckland heard the case today, which centres around the interpretation of Section 6a of the Smoke-free Environment Act.
Taylor claims part of the act preserves the freedom of inmates to smoke and prison managers don't have the power to take that away.
But a lawyer representing Auckland Prison, Austin Powell, says Section 6a assumes there may be smoking in prison cells, but doesn't give inmates a right to do it.
He also disputed claims that some prisoners haven't been assisted when the smoking ban came into effect in July last year.
He says inmates had 12 months warning, access to stop smoking books, Quitline, nicotine patches and were given sticks of carrot with their breakfast as an alternative to tobacco.
Taylor told the High Court a prison cell is like an inmate's home. He says as most of the New Zealand population can smoke in their home if they choose to, inmates should also be allowed to.
Mr Powell says the two can't be compared as prison is an institution under the direction and control of those who manage it, and when you are imprisoned you lose certain freedoms.
Counsel assisting the court, Gillian Coumbe, says the case is not about whether the policy banning smoking is a good one, or whether smoking is a foolish activity or about whether the court approves of smoking.
She says the case is about the lawfulness of what has been done and it's a case that "does warrant quite close scrutiny".
The case continues before Justice Murray Gilbert.
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