Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Domestic carriage by air

91X: Provisions if carriage performed by actual carrier

You could also call this:

“Rules for when one airline books you but another airline flies you”

When you take a flight within New Zealand, sometimes the airline you booked with (the contracting carrier) might use another airline (the actual carrier) to fly you for part or all of your journey. Here’s what you need to know about this:

The airline you booked with is responsible for your entire journey, even if another airline does some of the flying. The other airline is only responsible for the part they fly.

If the airline actually flying you (or their staff) does something wrong, it’s treated as if the airline you booked with did it too. Similarly, if the airline you booked with (or their staff) does something wrong, it’s treated as if the airline actually flying you did it too.

If the airline you booked with made any special agreements with you or gave up any rights, this doesn’t apply to the airline actually flying you unless they agreed to it too.

There’s a limit to how much the airline actually flying you can be held responsible for when it comes to things the booking airline did wrong.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM218535.

Topics:
Transport and travel > Air travel
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91W: Exclusions, or

"When this part of the law doesn't apply to aeroplanes"

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91Y: Provisions if carriage performed by successive carriers, or

"Rules for when multiple companies are involved in your flight journey"

Part 9B Domestic carriage by air

91XProvisions if carriage performed by actual carrier

  1. If the whole or any part of any carriage to which this Part applies is performed by an actual carrier,—

  2. both the contracting carrier and the actual carrier are subject to any liability imposed by this Part as follows:
    1. the contracting carrier is liable in respect of the whole of the carriage contemplated in the contract between the contracting carrier and the passenger; and
      1. the actual carrier is liable solely in respect of the carriage that the actual carrier performs:
      2. the acts and omissions of the actual carrier, and of the actual carrier's servants and agents acting within the scope of their employment, must, in relation to the carriage performed by the actual carrier, be treated as also those of the contracting carrier:
        1. the acts and omissions of the contracting carrier, and of the contracting carrier's servants and agents acting within the scope of their employment, must, in relation to the carriage performed by the actual carrier, be treated as also those of the actual carrier:
          1. any special agreement under which the contracting carrier assumes obligations not imposed by this Part, or any waiver of rights conferred by this Part, does not affect the actual carrier unless agreed to by the actual carrier.

            1. An act or omission specified in subsection (1)(c) does not subject the actual carrier to liability exceeding the limits specified in section 91ZC.

            Compare
            • 1967 No 151 s 20
            Notes
            • Section 91X: inserted, on , by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8).