Plain language law

New Zealand law explained for everyone

Smokefree Environments and Regulated Products Act 1990

Smoking and vaping prohibited in workplaces and public areas

9: Smoking and vaping restricted in passenger service vehicles

You could also call this:

"No smoking or vaping is allowed in vehicles that take people from one place to another."

Illustration for Smokefree Environments and Regulated Products Act 1990

This law is about smoking and vaping in vehicles that take people from one place to another. You are not allowed to smoke or vape in these vehicles. The person in charge of the vehicle must not let anyone smoke or vape inside it.

Some vehicles are always covered by this law, but others are only covered when they have passengers. If you want to know what a large passenger service vehicle, small passenger service, or small passenger service vehicle is, you can check the Land Transport Act 1998. This law does not change the rules about smoking or vaping in vehicles that have children in them, you can check section 20D for those rules.

The vehicle operator must follow this law, and so must the passengers. You cannot smoke or vape in a passenger service vehicle, and the operator cannot let you.

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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=DLM223937.

Topics:
Health and wellbeing > Public healthTransport and travel > Public transport
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"No smoking or vaping allowed on planes with paying passengers"

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10: Application of Act to ships, or

"This law applies to New Zealand ships and some foreign ships in New Zealand waters, depending on what they are doing."

Part 1Smoking and vaping prohibited in workplaces and public areas

9Smoking and vaping restricted in passenger service vehicles

  1. This section applies to the following (passenger service vehicles):

  2. a large passenger service vehicle while it is carrying passengers:
    1. a small passenger service vehicle at all times except when it is returning from carrying a passenger at the end of a shift:
      1. a vehicle being used in a small passenger service.

        1. Repealed

        2. Repealed

        3. The operator of a passenger service vehicle must not permit any person to smoke or vape in the vehicle.

        4. No person may smoke or vape in a passenger service vehicle.

        5. In this section,—

          large passenger service vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

            small passenger service has the same meaning as in section 2(1) of the Land Transport Act 1998

              small passenger service vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998.

              1. Nothing in this section permits smoking or vaping in a vehicle carrying child occupants (see section 20D).

              Notes
              • Section 9 heading: amended, on , by section 15(1) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
              • Section 9(1): replaced, on , by section 110(3) of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 9(1A): repealed, on , by section 110(3) of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 9(1B): repealed, on , by section 110(3) of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 9(2): replaced, on , by section 110(3) of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 9(2): amended, on , by section 15(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
              • Section 9(3): replaced, on , by section 110(3) of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 9(3): amended, on , by section 15(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
              • Section 9(4): inserted, on , by section 110(3) of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 9(5): inserted, on , by section 8 of the Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 (2020 No 19).