Smoking bans

A reader e-mails in:

I was wondering if you could ask your legally qualified readers if they could shed some light on a recent series of bizarre decisions by the High Court. That court twice ruled that smoking bans for criminals in prison were illegal. The judge in the latest case (5 days ago) also said that the smoking ban prisoners was “inhumane”.

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10894606

Meanwhile in a decision released yesterday the High Court ruled that a smoking ban for mental patients in hospital is legal.

http://www.newstalkzb.co.nz/auckland/news/nbhea/422965313-waitemata-dhb-wins-smoking-battle

Ok, so the High Court is saying that if you commit a crime and are sent to prison then it is inhumane to stop you smoking. But if you suffer a mental illness through no fault of your own and are hospitalized then it is perfectly legal for the hospital to stop you smoking.

Can somebody please explain to me how these decisions are even remotely consistent, let alone fair?

A fair point!