Civil Aviation Act 1990

International carriage by air

91H: Value of special drawing right

You could also call this:

"How much money you might get if something goes wrong with your flight"

Illustration for Civil Aviation Act 1990

When you travel by air, there's something called a 'special drawing right' that's important for figuring out how much money you might get if something goes wrong with your flight. This special drawing right has a value that changes, and it's compared to New Zealand dollars.

To figure out how much one special drawing right is worth in New Zealand dollars, you look at what the International Monetary Fund says. They decide how much it's worth on different days. If they haven't set a value for the day you need, you use the most recent day they did set a value.

The Secretary to the Treasury can give a certificate that says how much one special drawing right is worth in New Zealand dollars. If there's no value for the day you need, the certificate will tell you the most recent day that had a value. This certificate is accepted as proof in court unless someone can show it's wrong.

When people talk about this rule, they might mention something called "Article 22". This is part of an agreement about air travel. Sometimes, they might need to change how they use Article 22 to make it work with other parts of the agreement.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM218070.

Topics:

Transport and travel > Air travelMoney and consumer rights > Consumer protection

91G: Limitation of liability, or

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

91I: Time for bringing proceedings, or

"Rules about when you can take legal action for airline problems"

Part 9AInternational carriage by air

91HValue of special drawing right

For the purposes of Article 23 of the Montreal Convention or Article 22 of the amended Convention, the value of 1 special drawing right must be treated as equal to such a sum in New Zealand currency as is fixed by the International Monetary Fund as being the equivalent of 1 special drawing right for—
the date of judgment; or
any other relevant date; or
if no sum has been so fixed for that date, the last preceding date for which a sum has been so fixed.

For the purposes of subsection (1), a certificate may be given by or on behalf of the Secretary to the Treasury stating that—
a particular sum in New Zealand currency has been fixed as the equivalent of 1 special drawing right for a particular date; or
no sum has been fixed for that date, and that a particular sum has been so fixed for the date most recently preceding a particular date.

Any certificate given under subsection (2) must be received in evidence in any proceedings and, in the absence of proof to the contrary, is sufficient evidence of the value of 1 special drawing right in terms of the New Zealand currency for the purposes of subsection (1).
Unless the context otherwise requires, references in this section to Article 22 of the amended Convention are, subject to any necessary modifications, to be read as references to that Article as applied or supplemented by Article 25A of the amended Convention and Articles V and VI of the Guadalajara Convention.

Compare

1967 No 151 s 10(4), (4A), (5)
1990 No 102 s 4

Notes

Section 91H: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70).
Section 91H(1): amended, on 4 November 2003, by section 30(1) of the Civil Aviation Amendment Act 2002 (2002 No 15).
Section 91H(4): amended, on 4 November 2003, by section 30(2) of the Civil Aviation Amendment Act 2002 (2002 No 15).