A barrister says his clients - two former psychiatric patients and a retired nurse - will appeal against a decision by the High Court not to overturn a smoking ban at all Waitemata District Health Board premises.
The three had legally challenged the 2009 ban, saying it breaches human rights.
In a ruling released on Monday, Justice Asher found the board had acted within its powers.
Barrister Richard Francois says for some patients, smoking is important, and that must be respected.
He says the appeal could be filed in the next two weeks.
