Civil Aviation Act 1990

International carriage by air

91C: Conventions to have force of law

You could also call this:

"International air travel agreements become law in New Zealand"

In New Zealand, certain international agreements about air travel are treated as law. These agreements are called the Montreal Convention, the amended Convention, and the Guadalajara Convention. They apply to air travel that these conventions cover.

These conventions are law in New Zealand, but only for things like the rights and responsibilities of airlines, their workers, passengers, and people sending or receiving goods. They apply no matter which country the plane is from.

However, these conventions only apply in New Zealand as part of the Civil Aviation Act. There's also a special rule about Article 22 of the amended Convention. Different versions of this article apply in different situations, as explained in Schedule 4 of the Act.

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This page was last updated on 15 April 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM218042.

Topics:

Transport and travel > Air travel

91B: Application of Guadalajara Convention, or

"The Guadalajara Convention's rules are added to another agreement"

91D: Inconsistency between French and English texts, or

"When English and French versions of aviation agreements don't match, the French version is the correct one"

Part 9AInternational carriage by air

91CConventions to have force of law

The provisions of the Montreal Convention, the amended Convention and the Guadalajara Convention have the force of law in New Zealand in relation to any carriage by air to which the Montreal Convention, the amended Convention or the Guadalajara Convention, as the case may require, applies.
Despite subsection (1), the provisions of the Montreal Convention, the amended Convention and the Guadalajara Convention have the force of law in New Zealand only in so far as they relate to the rights and liabilities of carriers, carriers' servants and agents, passengers, consignors, consignees, and other persons.
The provisions of the Montreal Convention, the amended Convention and the Guadalajara Convention apply in New Zealand in accordance with subsection (1), irrespective of the nationality of the aircraft performing that carriage.
The provisions of the Montreal Convention, the amended Convention and the Guadalajara Convention apply in New Zealand subject to the provisions of this Part.
Each version of Article 22 of the amended Convention set out in Schedule 4 applies in the circumstances outlined in the heading of that version.

Compare

1967 No 151 s 7(1)

Notes

Section 91C: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70).
Section 91C(1): amended, on 4 November 2003, by section 26(1)(a) of the Civil Aviation Amendment Act 2002 (2002 No 15).
Section 91C(1): amended, on 4 November 2003, by section 26(1)(b) of the Civil Aviation Amendment Act 2002 (2002 No 15).
Section 91C(2): amended, on 4 November 2003, by section 26(2) of the Civil Aviation Amendment Act 2002 (2002 No 15).
Section 91C(3): amended, on 4 November 2003, by section 26(3) of the Civil Aviation Amendment Act 2002 (2002 No 15).
Section 91C(4): amended, on 4 November 2003, by section 26(4) of the Civil Aviation Amendment Act 2002 (2002 No 15).
Section 91C(5): amended, on 4 November 2003, by section 26(5) of the Civil Aviation Amendment Act 2002 (2002 No 15).