Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Domestic carriage by air

91Z: Liability of carrier in respect of delay

You could also call this:

“When a flight is late, the airline might have to pay you unless they have a good reason”

If you’re flying within New Zealand, the company that flies you (called a carrier) might have to pay for problems caused by delays. However, they don’t have to pay if they can prove the delay was because of:

  • Bad weather
  • Following instructions from air traffic control
  • Obeying orders from people in charge
  • Something that couldn’t be avoided (called force majeure)
  • Trying to save someone’s life

The carrier still has to show that one of these reasons caused the delay to avoid paying for any problems it caused you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM218539.

Topics:
Transport and travel > Air travel
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91Y: Provisions if carriage performed by successive carriers, or

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

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91ZA: Avoidance of liability, or

"Rules about when airlines are not responsible for problems during your flight"

Part 9B Domestic carriage by air

91ZLiability of carrier in respect of delay

  1. A carrier is liable for damage caused by delay in the carriage of passengers.

  2. Despite subsection (1), a carrier is not liable for damage caused by delay if the carrier proves that the delay—

  3. arose by reason of—
    1. meteorological conditions; or
      1. compliance with instructions, advice, or information given by an air traffic control service; or
        1. obedience to orders or directions given by a lawful authority; or
        2. was made necessary by force majeure; or
          1. was necessary for the purpose of saving or attempting to save life.

            Compare
            • 1967 No 151 s 25
            Notes
            • Section 91Z: inserted, on , by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8).