Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

International carriage by air

91D: Inconsistency between French and English texts

You could also call this:

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

If the English and French versions of the amended Convention (found in Schedule 4) don’t match, the French version is the one you should follow. The same rule applies to the Guadalajara Convention (found in Schedule 5) - if there’s a difference between the English and French versions, the French one is the correct one.

The Secretary of Foreign Affairs and Trade, or someone acting for them, can give you a certificate saying that a document is a true copy of the French version of certain important agreements. These agreements include things like Additional Protocols, the Guadalajara Convention, the Hague Protocol, Protocol No 4, and the Warsaw Convention.

If this certificate is used in court or other official proceedings, it will be accepted as proof of what it says unless someone can prove it’s wrong.

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Topics:
Transport and travel > Air travel
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91C: Conventions to have force of law, or

"International air travel agreements become law in New Zealand"

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91E: Fatal accidents, or

"Rules for when someone dies in an accident on an international flight"

Part 9A International carriage by air

91DInconsistency between French and English texts

  1. If there is any inconsistency between the English text of the amended Convention which is set out in Schedule 4 and the corresponding text in French, the text in French prevails.

  2. If there is any inconsistency between the English text of the Guadalajara Convention which is set out in Schedule 5 and the corresponding text in French, the text in French prevails.

  3. A certificate may be given by or on behalf of the Secretary of Foreign Affairs and Trade stating that a document to which the certificate is annexed is a true copy of the authentic text in the French language of 1 or more of the following:

  4. Additional Protocol No 1:
    1. Additional Protocol No 2:
      1. the Guadalajara Convention:
        1. the Hague Protocol:
          1. Protocol No 4:
            1. the Warsaw Convention.

              1. Any certificate given under subsection (3) must be received in evidence in any proceedings and, in the absence of proof to the contrary, is sufficient evidence of the matters stated in the certificate.

              Compare
              • 1967 No 151 s 7(2)
              Notes
              • Section 91D: inserted, on , by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70).