Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

International carriage by air

91I: Time for bringing proceedings

You could also call this:

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

If someone who works for an airline causes damage, you have 2 years to take legal action against them. This 2-year period starts from the earliest of these dates: when you arrived at your destination, when you should have arrived, or when your journey stopped.

There are special rules about when you can ask for money from other people involved in causing harm. These rules don't follow the same time limits as mentioned in some international agreements.

If you want to ask an airline for money because you had to pay for damage, you have 2 years to do this. This time starts from when you were told to pay for the damage.

These rules about time limits also apply to situations where people agree to have someone else decide their dispute, instead of going to court.

If you choose to have someone else decide your dispute and their decision is cancelled by the High Court, the court can give you extra time to start a new case.

There's a link to more information about when disputes must be started in the Arbitration Act 1996. There's also a link to more rules about time limits in the Limitation Act 2010.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM218074.

Topics:
Transport and travel > Air travelCrime and justice > Courts and legal help
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Part 9AInternational carriage by air

91ITime for bringing proceedings

  1. No action against a carrier's servant or agent, which arises out of damage to which this Part relates, may be brought after more than 2 years if the servant or agent was acting within the scope of that person's employment.

  2. For the purposes of subsection (1), the period of 2 years is calculated from the earliest of the following dates:

  3. the date of arrival at the destination:
    1. the date the aircraft ought to have arrived:
      1. the date carriage stopped.

        1. Neither Article 35 of the Montreal Convention nor Article 29 of the amended Convention applies to any proceedings for contribution between tortfeasors.

        2. Despite subsection (3), no action may be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which Article 35 of the Montreal Convention or Article 29 of the amended Convention applies after the expiration of 2 years from the time when judgment is obtained against the person seeking to obtain the contribution.

        3. Subsections (1) to (4) and the provisions of Article 35 of the Montreal Convention and Article 29 of the amended Convention have effect as if references in those provisions to an action included references to an arbitration.

        4. Subsections (7) and (8) (which determine the time at which an arbitration is deemed to have commenced) apply for the purposes of subsection (5).

        5. An arbitration (whether under an enactment or under an arbitration agreement) must be treated as being commenced in the same manner as provided in Article 21 of Schedule 1 of the Arbitration Act 1996.

        6. If the High Court orders that an award be set aside, it may also order that the period between the commencement of the arbitration and the date of the setting aside order must be excluded in computing the time prescribed by this section for the commencement of civil proceedings (including arbitration) with respect to the dispute referred.

        7. Subsections (6) to (8) do not limit or affect section 39 of the Limitation Act 2010.

        Compare
        • 1967 No 151 s 11
        Notes
        • Section 91I: inserted, on , by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70).
        • Section 91I(3): substituted, on , by section 31(1) of the Civil Aviation Amendment Act 2002 (2002 No 15).
        • Section 91I(4): amended, on , by section 31(2) of the Civil Aviation Amendment Act 2002 (2002 No 15).
        • Section 91I(5): substituted, on , by section 58 of the Limitation Act 2010 (2010 No 110).
        • Section 91I(6): added, on , by section 58 of the Limitation Act 2010 (2010 No 110).
        • Section 91I(7): added, on , by section 58 of the Limitation Act 2010 (2010 No 110).
        • Section 91I(8): added, on , by section 58 of the Limitation Act 2010 (2010 No 110).
        • Section 91I(9): added, on , by section 58 of the Limitation Act 2010 (2010 No 110).