Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

International carriage by air

91JA: Actions against Parties to Montreal Convention

You could also call this:

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

If you're part of the Montreal Convention, which is an agreement about air travel, you agree that New Zealand courts can make decisions about you in certain situations. This happens when you bring a case to a New Zealand court to enforce a claim about air travel that you provided, as allowed by Article 46 of the Montreal Convention.

The courts can make rules about how these cases should be started and carried out. However, even if the court makes a decision, they can't take away your property to enforce it.

Remember, this only applies to countries or organisations that are part of the Montreal Convention, and only for cases about air travel claims that they bring to New Zealand courts themselves.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM218081.

Topics:
Transport and travel > Air travel
Previous

91J: Actions against High Contracting Parties, or

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

Next

91K: Designation of Parties, or

"How the government announces which countries are part of air travel agreements"

Part 9AInternational carriage by air

91JAActions against Parties to Montreal Convention

  1. Every Party to the Montreal 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 if any action is brought in a court in New Zealand by a Party to the Montreal Convention in accordance with Article 46 of the Montreal 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 Party to the Montreal Convention.

Notes
  • Section 91JA: inserted, on , by section 32 of the Civil Aviation Amendment Act 2002 (2002 No 15).