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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Unruly passenger offences - Unruly passenger offences

397: Intoxicated person on aircraft

You could also call this:

"No drinking on planes: stay sober when flying"

Illustration for Civil Aviation Act 2023

If you are on an aircraft, you must not get on the plane if you are intoxicated. You also must not become intoxicated while you are on the aircraft. If you are intoxicated on a plane, it means the pilot or a senior flight attendant thinks you are under the influence of alcohol or another substance. This can be because you cannot look after yourself, you are behaving in a way that is hazardous to the plane or the people on it, or you are not following the rules on the aircraft.

You do not have to worry about this rule if you are under medical care. This means you are with someone who is looking after you and you became intoxicated because you took medicine that a doctor told you to take, as shown in the Sale and Supply of Alcohol Act 2012. If you break this rule, you might have to pay a fine, which can be up to $5,000 if you got on the plane intoxicated, or up to $3,000 if you became intoxicated on the plane. You might also get an infringement fee, which is $1,000 if you got on the plane intoxicated, or $600 if you became intoxicated on the plane.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49791.

Topics:
Transport and travel > Air travelCrime and justice > Criminal law
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"Don't touch or tamper with planes or their parts without a good reason"

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

"Listening to the pilot is the law on a plane"

Part 9Monitoring, investigation, and enforcement
Unruly passenger offences: Unruly passenger offences

397Intoxicated person on aircraft

  1. No person may—

  2. board an aircraft when intoxicated; or
    1. become intoxicated on an aircraft.

      1. This section does not apply to a person under medical care.

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

      3. 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. A person who breaches subsection (1)(a) commits an infringement offence and is liable to—

          2. an infringement fee of $1,000; or
            1. a fine imposed by a court not exceeding $5,000.

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

              2. an infringement fee of $600; or
                1. a fine imposed by a court not exceeding $3,000.

                  1. In this section,—

                    alcohol has the same meaning as in section 5(1) of the Sale and Supply of Alcohol Act 2012

                      intoxication, in relation to a person, means 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 or an intoxicating substance to such an extent as to—

                      1. be incapable of properly looking after themself; or
                        1. behave in a manner that is hazardous to the operation of the aircraft or to the health or safety of persons on the aircraft; or
                          1. offend against the good order and discipline required on an aircraft

                            person under medical care means a person who—

                            1. 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.

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