Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Unruly passenger offences - Unruly passenger offences

65N: No smoking or vaping

You could also call this:

"You can't smoke or vape on planes when told not to or when signs say no"

You are not allowed to smoke or vape in certain situations on an aircraft. If you do, you are breaking the law. Here's what you need to know:

You can't smoke or vape when a crew member tells you not to. You also can't smoke or vape when signs or placards say you shouldn't. If you're on a flight within New Zealand that's carrying paying passengers, you're not allowed to smoke or vape at all. There's also a rule in section 96A(6) that you have to follow about smoking and vaping.

If you break these rules, you might have to pay a fine of up to $2,500 if you're found guilty.

The law uses specific words to describe smoking and vaping. These words are explained in section 96A(1) of the same law.

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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=DLM217134.

Topics:
Transport and travel > Air travel
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"You must follow seating and seatbelt rules on planes or you could be fined"

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"Rules about things that can be dangerous on planes"

Part 5AUnruly passenger offences
Unruly passenger offences

65NNo smoking or vaping

  1. Every person commits an offence who smokes or vapes—

  2. when instructed not to smoke or vape by a crew member, passenger information signs, or placards; or
    1. while on any aircraft that is carrying passengers for hire or reward on any internal flight; or
      1. in contravention of section 96A(6).

        1. Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $2,500.

        2. In subsection (1), to smoke and to vape have the meanings set out in section 96A(1).

        Notes
        • Section 65N: inserted, on , by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
        • Section 65N heading: amended, on , by section 30 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
        • Section 65N(1): amended, on , by section 30 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
        • Section 65N(1)(a): amended, on , by section 30 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
        • Section 65N(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
        • Section 65N(3): replaced, on , by section 30 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).