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New Zealand law explained for everyone

Smokefree Environments and Regulated Products Act 1990

Smoke-free motor vehicles carrying child occupants

20D: Smoking or vaping prohibited in motor vehicle carrying child occupant

You could also call this:

"No smoking or vaping in cars with kids inside"

Illustration for Smokefree Environments and Regulated Products Act 1990

You must not smoke or vape in a car that has a child in it, whether the car is moving or not. If you do, you can get a fine. The fine can be $50 or a fine decided by a court, which can be up to $100.

You can smoke or vape in a car if you are the only person under 18 in the car. You can also smoke or vape in a car that is used as a house, if it is stationary and being used as a dwelling.

If you break this rule, sections 88 to 90 apply, which means a police officer can give you a fine, and you have to pay it.

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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=LMS629070.

Topics:
Health and wellbeing > Public healthCrime and justice > Criminal law
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20C: Interpretation for this Part, or

"What special words mean in this part of the smoke-free law"

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20E: Constable’s powers, or

"What police officers can do if you're smoking or vaping in a car with a child"

Part 1ASmoke-free motor vehicles carrying child occupants

20DSmoking or vaping prohibited in motor vehicle carrying child occupant

  1. A person must not smoke or vape in a motor vehicle, whether moving or stationary, that is on a road and has a child occupant.

  2. However, a person may smoke or vape in a motor vehicle if—

  3. the person is the only occupant of the motor vehicle who is under the age of 18 years; or
    1. the motor vehicle is—
      1. manufactured for use as an occasional or permanent dwelling; and
        1. stationary on a road and in use as a dwelling.

        2. A person who contravenes subsection (1) commits an infringement offence and is liable to—

        3. an infringement fee of $50; or
          1. a fine imposed by a court not exceeding $100.

            1. Sections 88 to 90 apply to the infringement offence in subsection (3) as if—

            2. the infringement offence were an infringement offence defined in section 87; and
              1. the infringement fee in subsection (3)(a) were an infringement fee specified in section 87 for the infringement offence; and
                1. a constable were the enforcement officer referred to in those sections.

                  Notes
                  • Section 20D: inserted, on , by section 9 of the Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 (2020 No 19).