The High Court in Auckland will begin hearing a case on Monday against a ban on smoking in acute mental health units controlled by Waitamata District Health Board.
The application for a judicial review is set down for two days, challenging the ban in three mental health Intensive Care Units on behalf of two patients and one nurse.
Lawyer Richard Francois said the board bans smoking in all of its facilities, but it is the patients in the intensive care mental health units who are most effected.
He said cigarettes and lighters are taken from them and they are not allowed outside at any time.
Mr Francois said forcing patients to give up smoking temporarily does nothing to reduce their habits long-term, and therefore does not do what it was designed to do.
He said patients are in the units to be treated for psychiatric illness, and not for nicotine addition.
Waitamata District Health Board said it has a legal right to keep its premises smokefree.
It said up to 5000 New Zealanders die of smoking related-illnesses each year.
The board said its role is to protect the health of the whole population, including vulnerable mental health patients.
