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Civil Aviation Act 1990

Miscellaneous provisions

96A: Minister may prohibit smoking or vaping on international air routes

You could also call this:

“The government can ban smoking and vaping on some overseas flights”

The Minister can decide which international air routes don’t allow smoking or vaping. This applies to New Zealand airlines that fly to other countries. The Minister needs to talk to these airlines before making this decision.

If an air route is chosen as non-smoking, the airline must do two things. They need to put up clear signs in the plane saying you can’t smoke or vape. They also need to tell passengers at the start of the trip that smoking and vaping aren’t allowed.

On these non-smoking routes, the airline can’t let anyone smoke or vape. And you, as a passenger, aren’t allowed to smoke or vape either.

The Minister can also say that some parts of a route are okay for smoking or vaping, but only if they think it’s a good idea.

When the Minister makes these decisions, they need to write them down officially. This is called secondary legislation, which means it’s a rule that comes from a main law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM218577.

Topics:
Transport and travel > Air travel
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"Rules about smoking on international flights and what happens if you break them"

Part 11 Miscellaneous provisions

96AMinister may prohibit smoking or vaping on international air routes

  1. For the purposes of this section and sections 96B and 96C,—

    New Zealand international airline means a New Zealand air transport enterprise that is offering or operating a scheduled international air service or a non-scheduled international flight

      to smoke means to smoke, hold, or otherwise have control over an ignited product, weed, or plant; and smoked and smoking have corresponding meanings

        to vape means to inhale using a vaping device or a heated tobacco product, and vaping has a corresponding meaning.

        1. The Minister may from time to time, by notice,—

        2. designate any 1 or more international air routes, or class or classes of international air routes, or all international air routes generally, as non-smoking routes; and
          1. exempt any specified route or part of a route from any designation imposed by the Minister in accordance with paragraph (a), subject to any conditions that the Minister thinks fit.

            1. The Minister shall, before giving any notice under subsection (2), consult with New Zealand international airlines.

            2. A New Zealand international airline that is operating an aircraft carrying passengers on any route designated as a non-smoking route pursuant to this section shall ensure that—

            3. there are prominent notices displayed in the aircraft indicating that smoking or vaping is not permitted; and
              1. an announcement is made to passengers on the aircraft at the commencement of each journey on the route advising that smoking or vaping is not permitted.

                1. No New Zealand international airline that is operating an aircraft carrying passengers on any route designated as a non-smoking route pursuant to this section shall permit any person to smoke or vape on that aircraft.

                2. No person shall smoke or vape while on any aircraft operated by a New Zealand international airline carrying passengers on any route designated as a non-smoking route pursuant to this section.

                3. A notice under subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Notes
                • Section 96A: inserted, on , by section 31 of the Civil Aviation Amendment Act 1996 (1996 No 91).
                • Section 96A heading: amended, on , by section 30 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                • Section 96A(1) to smoke: amended, on , by section 38 of the Civil Aviation Amendment Act 2004 (2004 No 8).
                • Section 96A(1) to vape: inserted, on , by section 30 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                • Section 96A(2): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                • Section 96A(4)(a): amended, on , by section 30 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                • Section 96A(4)(b): amended, on , by section 30 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                • Section 96A(5): amended, on , by section 30 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                • Section 96A(6): amended, on , by section 30 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                • Section 96A(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).