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Civil Aviation Act 1990

Unruly passenger offences - Unruly passenger offences

65I: Intoxicated persons on aircraft

You could also call this:

“Don't be drunk or high on planes: it's against the law”

You can break the law if you are intoxicated on an aircraft. This applies when you board an aircraft while intoxicated or become intoxicated during the flight. However, this rule doesn’t apply if you’re under medical care.

If you’re accused of this offence, you need to prove that you were under medical care if that’s the case. The person accusing you doesn’t have to say that you weren’t under medical care.

If you board an aircraft while intoxicated, you might have to pay a fine of up to $5,000. If you become intoxicated on the aircraft, you might have to pay a fine of up to $3,000.

The pilot or a senior flight attendant decides if you’re intoxicated. They will think you’re intoxicated if they believe you’ve had too much alcohol or other intoxicating substances. They’ll consider you intoxicated if you can’t take care of yourself properly, if you’re a danger to the aircraft or other people, or if you’re not behaving well on the aircraft.

Being under medical care means you have someone looking after you and you became intoxicated because you took medicine that a doctor told you to take.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM217123.

Topics:
Crime and justice > Criminal law Transport and travel > Air travel
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65H: Interference with aircraft, or

"It's against the law to mess with or damage planes or their parts"

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65J: Non-compliance with commands given by pilot-in-command, or

"Listen to the pilot: following their rules on a plane is the law"

Part 5A Unruly passenger offences
Unruly passenger offences

65IIntoxicated persons on aircraft

  1. Every person (except a person under medical care) commits an offence who—

  2. is intoxicated and boards an aircraft; or
    1. becomes intoxicated on an aircraft.

      1. In proceedings for an offence against subsection (1),—

      2. the prosecutor need not assert, in the charging document, that the defendant was not a person under medical care; and
        1. the burden of proving that the defendant was under medical care lies on the defendant.

          1. Every person who commits an offence against—

          2. subsection (1)(a) is liable on conviction to a fine not exceeding $5,000:
            1. subsection (1)(b) is liable on conviction to a fine not exceeding $3,000.

              1. For the purposes of this section, a person is intoxicated if the pilot-in-command (or senior flight attendant authorised by the pilot-in-command for this purpose) has reasonable grounds to believe that the person is under the influence of alcohol (within the meaning of section 5(1) of the Sale and Supply of Alcohol Act 2012) or an intoxicating substance to such an extent as to—

              2. be incapable of properly looking after himself or herself; or
                1. actively present a hazard to the aircraft or to persons on the aircraft; or
                  1. offend against the good order and discipline required on an aircraft.

                    1. For the purposes of this section, person under medical care means a person who—

                    2. is under the supervision of an attendant; and
                      1. has become intoxicated as a result of taking prescription medication in accordance with a medical authorisation.

                        Notes
                        • Section 65I: inserted, on , by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
                        • Section 65I(1A): inserted, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                        • Section 65I(2)(a): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                        • Section 65I(2)(b): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                        • Section 65I(3): amended, on , by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).