Civil Aviation Act 2023

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

402: No smoking

You could also call this:

"No smoking allowed on planes in New Zealand or with NZ airlines"

Illustration for Civil Aviation Act 2023

You cannot smoke when a crew member tells you not to, or when you see signs that say no smoking. You also cannot smoke on flights within New Zealand that carry passengers, or on international flights with a New Zealand airline. If you break this rule, you can get a fine of $500 or up to $2,500 from a court. You might wonder what "to smoke" means - it includes holding or controlling something that is lit, like a cigarette, and it also means vaping. The rules about what an "internal flight" and "New Zealand international airline" are can be found in other laws, like the Smokefree Environments and Regulated Products Act 1990, which also explains what "to vape" means.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49800.


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"Follow plane crew instructions about seats and safety belts or you might get fined"


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

402No smoking

  1. No person may smoke—

  2. when instructed not to smoke 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. while on any aircraft operated by a New Zealand international airline carrying passengers on any route.
        1. A person who breaches subsection (1) commits an infringement offence and is liable to—

        2. an infringement fee of $500; or
          1. a fine imposed by a court not exceeding $2,500.
            1. In this section,—

              internal flight has the same meaning as in section 2(1) of the Smokefree Environments and Regulated Products Act 1990

                New Zealand international airline has the meaning given in section 174

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

                    to vape has the same meaning as in section 2(1) of the Smokefree Environments and Regulated Products Act 1990.

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