Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Domestic carriage by air

91U: Interpretation

You could also call this:

“What important words mean in this part of the law about flying”

In this part of the law, there are some important words you need to understand:

An actual carrier is someone who does the flying for the person you made a deal with to fly you somewhere. They have permission to do this, but they’re not part of a series of carriers.

An aeroplane is a flying machine that uses its wings to stay in the air.

A carrier can be either the person you made a deal with or the person actually flying the plane.

A contract is an agreement, even if no money is involved.

A contracting carrier is the main person you deal with to arrange your flight. They might be part of a series of carriers.

International carriage means flying between two countries, or within one country if you’ve agreed to stop in another country.

A passenger is someone flying on the plane, but not someone working on the plane or learning to fly it.

A successive carrier is part of a series of people who fly you to different places, but it’s all considered one big journey.

If there’s any doubt about whether an actual carrier has permission from the contracting carrier, the law assumes they do have permission unless proven otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM218513.

Topics:
Transport and travel > Air travel
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91T: Regulations, or

"Rules about flying and airlines that the Governor-General can make"

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91V: Application of this Part, or

"This part explains when the rules apply to flying within New Zealand"

Part 9B Domestic carriage by air

91UInterpretation

  1. In this Part, unless the context otherwise requires,—

    actual carrier means a person, other than the contracting carrier, who—

    1. performs the whole or part of the carriage contracted for by the contracting carrier with the authority of the contracting carrier; but
      1. is not, in relation to that carriage, a successive carrier

        aeroplane means a power-driven heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces that remain fixed under given conditions of flight

          carrier includes a contracting carrier and an actual carrier

            contract includes an arrangement made without consideration

              contracting carrier—

              1. means a person who, as a principal, makes a contract for carriage with a passenger, or with a person acting on behalf of the passenger; and
                1. includes a successive carrier

                  international carriage, in relation to carriage by air, means carriage in which, according to the contract between the parties, the place of departure and the place of destination, whether or not there is a break in the carriage or a transhipment, are—

                  1. within the territories of 2 countries; or
                    1. within the territory of a single country if there is an agreed stopping place within the territory of another country

                      passenger means a person carried under a contract for carriage other than a person—

                      1. assigned by the carrier for duty as a member of the crew of the aeroplane; or
                        1. carried for the sole purpose of receiving or giving instruction in the control or navigation of an aeroplane in flight

                          successive carrier means a person who performs part of the carriage if the carriage—

                          1. is performed by 2 or more persons in successive stages; and
                            1. has been regarded by the parties as a single operation, whether it has been agreed on by a single contract or by 2 or more contracts.

                            2. If any question arises as to whether or not an actual carrier has authority from a contracting carrier to perform any carriage, that authority is, in the absence of proof to the contrary, to be presumed.

                            Compare
                            • 1967 No 151 s 18
                            Notes
                            • Section 91U: inserted, on , by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8).