Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

International carriage by air - Transitional provisions

91RA: High Contracting Party or Party not Party to Montreal Convention

You could also call this:

"Rules for air travel with countries not following the Montreal Convention"

This part of the law talks about what happens when some countries haven't agreed to follow a set of rules called the Montreal Convention for air travel.

If a country hasn't agreed to the Montreal Convention, different rules might apply. The law that applies depends on which other agreements the country has made. These could be older agreements like the Warsaw Convention or the Hague Protocol.

Depending on which agreements a country has made, different sections of New Zealand law will apply. These sections are listed in the law, and they tell you which rules to follow for air travel involving that country.

If a country has agreed to an older version of the rules but not the new Montreal Convention, then the old rules still apply when you're travelling to or from that country. There's a special part of the law that explains how to figure out which version of the rules to use in different situations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM218504.

Topics:
Transport and travel > Air travel
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Part 9AInternational carriage by air
Transitional provisions

91RAHigh Contracting Party or Party not Party to Montreal Convention

  1. Subsection (2) applies if, by reason of the fact that any High Contracting Party or Party, as the case may be, is not a party to the Montreal Convention, the Montreal Convention does not apply.

  2. If this subsection applies and the High Contracting Party or Party referred to in subsection (1) is a party to the Warsaw Convention or to the Hague Protocol or to Additional Protocol No 1 or Additional Protocol No 2 or to Protocol 4, the law applicable to any carriage by air is the law referred to in whichever of the following sections that is applicable to that High Contracting Party or Party:

  3. sections 91A to 91M (as they read immediately before the commencement of sections 25 to 37 of the Civil Aviation Amendment Act 2002); or
    1. section 91O; or
      1. section 91P; or
        1. section 91Q; or
          1. section 91R.

            1. Subsection (4) applies if a High Contracting Party to the amended Convention is not a party to the Montreal Convention.

            2. If this subsection applies,—

            3. the law applicable to any carriage by air is the law set out in the amended Convention; and
              1. each version of Article 22 of the amended Convention set out in Schedule 4 applies in the circumstances outlined in the heading of that version.

                Notes
                • Section 91RA: inserted, on , by section 35 of the Civil Aviation Amendment Act 2002 (2002 No 15).