Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

International carriage by air

91J: Actions against High Contracting Parties

You could also call this:

"Rules for suing countries in New Zealand over air travel matters"

This law is about how countries can be taken to court in New Zealand for things related to air travel. If a country that has agreed to certain international rules about air travel wants to make a claim in a New Zealand court, they are treated as if they have agreed to be judged by that court. This only applies when the claim is about air travel that the country provided.

The courts can make rules about how these cases should be handled. However, even if a country loses a case, no one is allowed to take their property.

Some countries have signed up to extra rules that mean this law doesn't apply to them. You can find these extra rules in Schedule 4 of this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM218079.

Topics:
Transport and travel > Air travelCrime and justice > Courts and legal help
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"Rules about when you can take legal action for airline problems"

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91JA: Actions against Parties to Montreal Convention, or

"Rules for suing airlines in New Zealand courts for air travel problems"

Part 9AInternational carriage by air

91JActions against High Contracting Parties

  1. Every High Contracting Party to the amended Convention is to be regarded as having submitted to the jurisdiction of the court in the circumstances described in subsection (2).

  2. Subsection (1) applies where any action is brought in a court in New Zealand by a High Contracting Party in accordance with the provisions of Article 28 of the amended Convention or Article VIII of the Guadalajara Convention to enforce a claim in respect of carriage undertaken by that Party.

  3. Rules of court may provide for the manner in which any action to which subsection (1) applies is to be commenced and carried on.

  4. Nothing in this section authorises the issue of execution against the property of any High Contracting Party.

  5. Subsection (1) does not apply to any High Contracting Party to the amended Convention which has availed itself of the provisions of the Additional Protocol, which appears before the Additional Provisions of the Hague Protocol affecting the Warsaw Convention in the amended Convention, as set out in Schedule 4.

Compare
  • 1967 No 151 s 14
Notes
  • Section 91J: inserted, on , by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70).