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Opponents have further questioned the implementation of the University’s Smoke-free Campus policy after it was raised that certain areas included in the ban, as thought by some, belong to the DCC. Otago Norml spokesperson Abe Grey said the University “sound like they are bluffing,” and that they are “basically intimidating everyone into believing they can enforce the ban.”

Grey, who began enquiring into the smoking policy as soon as it was announced, has become particularly interested in the implications of the ban, especially those areas included that are based on public access. “I immediately started to think laterally about [the ban] – what are the loopholes?” Interestingly, he highlighted that the University is effectively encouraging people to smoke on the roads surrounding or traversing the University. For instance, the footpath outside Smithell’s Gym is a public area, although it is “strangely” bound by University Buildings on both sides and therefore public access is “guaranteed on both sides.”

Grey said that certain thoroughfares through the University are “still technically legal public roads” and the University has “encroached on them over the years.” Grey was of the opinion that the University “arbitrarily enforced some public roads.” He highlighted that unless there is “some piece of paper to change the designations,” the ban on these areas in unenforceable.

However, closer inspection of the perimeter map shows that the University has excluded major thoroughfares such as Cumberland St, Dundas St, Albany St and Leith St from being within the bounds of the ban, predictably because of their status as roads.

Of special mention is the portion of Castle St between St David St and Dundas St, which is marked on the perimeter map to be included in the ban, but which to many is presumably still council-owned property.

DCC Programme Engineer Michael Harrison was able to confirm that Castle St from St David St to Dundas St is University property. In addition, St David St from Cumberland St to Clyde St has also been deemed University property. It was unclear when the Council vested their interest in the land to the University, but it presumably dates back a long time.

Critic also spoke with Director of Property Services Barry Mackay who added further “all of Castle Street, from Dundas St to Albany St, including the footpaths, has been vested in and is owned by the University and is therefore covered by the Smoke-free Policy.

Harrison said that often privately owned land that is open to public use, such as Castle St between Dundas St and St David St, may not be specifically identified as private property “unless the owner or council find it necessary to do so.” He added, “Most often owners use street signs to indicate private ownership status. The land owned by University is within the management of the University without any requirement for Council input.” Critic remains uncertain whether the current works under way on Castle Street, between St David and Dundas Streets, are also indicative of it being University property.

Mackay also confirmed that the inclusion of footpaths within the University was an important consideration. “The smoke-free policy applies to all University buildings, grounds (including footpaths), vessels and vehicles owned or leased by the University and this is reflected in the perimeter map.”

While the University appears to have stitched up the perimeters of the ban in terms of where University property starts and finishes, the final copy did appear to be slightly unclear in places whether footpaths surrounding University buildings are to be included. Critic can confirm that the University is unable to enforce the ban on any legal road boundaries under council ownership and management. According to Harrison, this included the footpaths and road on Albany St and Mongomery Ave. Harrison also added for future reference “the legal status of a road or property can be confirmed through a contact to the Dunedin City Council and by making use of the DCC web site to show details on property ownership.”

Further opposing the ban, a recent editorial in the ODT by Dunedin lawyer Joss Miller highlighted the discriminatory nature of the total campus ban and the individual liberty and human rights issues arising from that. It also considers that the policy is strongly influenced by pressure exerted from the Smoke-free Campus Working Group and Aspire 2025.