Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

International carriage by air - Transitional provisions

91O: High Contracting Parties not Party to Hague Protocol

You could also call this:

"Rules for air travel agreements between countries using different versions"

When some countries have agreed to follow older rules about air travel, but not newer ones, this law explains what to do. It's like having different versions of a game, and you need to know which rules to use.

If a country hasn't agreed to the newer rules (called the Hague Protocol), you have to use the old rules from a law called the Carriage by Air Act 1940. This is like using an older version of the game rules.

Sometimes, even when using the old rules, you might need to add some extra rules from something called the Guadalajara Convention. This is like adding an expansion pack to your game.

There's a special way to decide which country's courts can handle problems related to air travel. This is similar to deciding which referee gets to make decisions in a game.

In some cases, you might need to use parts of another set of rules called Additional Protocol No 1. This changes how much money airlines might have to pay if something goes wrong. It's like adjusting the penalties in your game.

Remember, these rules are all about making sure everyone knows what to do when countries haven't all agreed to use the same set of air travel rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM218096.

Topics:
Transport and travel > Air travel
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91N: Occurrences before commencement of this Part, or

"Rules in this part only apply to events after it started, not before"

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91P: High Contracting Parties not Party to Montreal Protocols, or

"Rules for countries that haven't joined all air travel agreements"

Part 9AInternational carriage by air
Transitional provisions

91OHigh Contracting Parties not Party to Hague Protocol

  1. Subsection (2) applies where, by reason of the fact that any High Contracting Party to the Warsaw Convention is not a Party to the Hague Protocol, the amended Convention is not applicable to any carriage by air.

  2. If this subsection applies, the law applicable to any carriage by air is the law which would have been applicable if the Carriage by Air Act 1940 (as it read immediately before its repeal) had continued in force.

  3. Despite subsection (2), if the Guadalajara Convention applies to carriage by air where that subsection applies, the applicable law includes the provisions of that Convention which have the force of law in New Zealand under section 91C.

  4. For the purposes of subsections (2) and (3), section 3 of the Carriage by Air Act 1940 applies as if the reference to the provisions of Article 28 of the Warsaw Convention included a reference to Article VIII of the Guadalajara Convention.

  5. Despite subsection (2), if Additional Protocol No 1 applies to carriage by air where that subsection applies, the applicable law includes—

  6. the provisions of Article 22 of the Warsaw Convention as substituted by Additional Protocol No 1; and
    1. the provisions of section 91H.

      Compare
      • 1967 No 151 s 15(2), (3)
      Notes
      • Section 91O: inserted, on , by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70).