Civil Aviation Act 1990

International carriage by air

91F: Contributory negligence

You could also call this:

"If you're partly responsible for an accident on a plane, the court decides how much the airline pays"

If you cause an accident while travelling by air, you might be partly responsible for what happened. This is called contributory negligence. In New Zealand, there's a special law about this called the Contributory Negligence Act 1947. If you're partly responsible for an accident, the court can use this law to decide how much the airline should pay for damages. The court might say the airline doesn't have to pay anything, or they might have to pay only part of the damages. This applies to both local and international flights, as mentioned in the Montreal Convention and the amended Convention.

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


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91G: Limitation of liability, or

"Rules about how much money airlines might have to pay if something goes wrong on a flight"

Part 9AInternational carriage by air

91FContributory negligence

  1. For the purposes of Article 20 of the Montreal Convention or Article 21 of the amended Convention, the provisions of the Contributory Negligence Act 1947 are the provisions of the law of New Zealand under which a court may exonerate the carrier wholly or partly from the carrier's liability.

Compare
  • 1967 No 151 s 12
Notes
  • Section 91F: inserted, on , by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70).
  • Section 91F: amended, on , by section 28 of the Civil Aviation Amendment Act 2002 (2002 No 15).