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Civil Aviation Act 1990

International air carriage competition

91: Application of Commerce Act 1986

You could also call this:

“Rules for airlines working together on international flights”

You should know about some important rules related to international air travel. These rules are about how companies can work together when it comes to flying people between different countries.

When companies are talking about or agreeing on things related to international air travel, they don’t have to follow some of the usual rules about competition. This is okay as long as they don’t start doing what they’ve agreed on before they get permission.

If the Minister gives permission for companies to work together on international air travel, or if they set up rules about how much companies can charge, this is allowed by law. This means that the normal rules about competition don’t apply in these cases.

These special rules are in place to help manage how airlines work together for international flights, making sure it’s fair but also allowing them to cooperate in ways that might not usually be allowed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM218013.

Topics:
Transport and travel > Air travel Business > Industry rules Business > Fair trading
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90: Authorisation of tariffs by Minister, or

"The Minister can approve special prices for international flights to and from New Zealand"

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"This part explains what important words mean in rules about flying between countries"

Part 9 International air carriage competition

91Application of Commerce Act 1986

  1. Nothing in sections 27 to 30 of the Commerce Act 1986 shall apply to or in respect of—

  2. the negotiation or conclusion of any contract, arrangement, or understanding so far as it contains a provision relating to international carriage by air, so long as that provision is not given effect to before its authorisation under section 88; or
    1. any provision of a contract, arrangement, or understanding relating to international carriage by air so long as it is not given effect to before its authorisation under section 88.

      1. Every authorisation by the Minister under section 88 or section 90 and every issue or amendment of a commission regime under section 89 is hereby declared to be a specific authorisation by an enactment for the purposes of section 43 of the Commerce Act 1986.

      Compare
      • 1964 No 68 s 29D
      • 1987 No 12 s 2(1)
      Notes
      • Section 91(1): amended, on , by section 35 of the Commerce (Cartels and Other Matters) Amendment Act 2017 (2017 No 40).