Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Domestic carriage by air

91ZA: Avoidance of liability

You could also call this:

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

If you’re travelling by air within New Zealand, there are rules about when an airline can be held responsible for damages. The airline won’t be held responsible if they can show that they did everything they could to prevent the damage from happening. This means that either the airline and its workers took all the necessary steps to avoid the problem, or it wasn’t possible for them to do anything to prevent it. These rules are in place to make sure airlines are treated fairly when accidents or problems occur that were truly beyond their control.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM218541.

Topics:
Transport and travel > Air travel
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91ZB: Contributory negligence, or

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Part 9B Domestic carriage by air

91ZAAvoidance of liability

  1. The carrier is not liable under this Part if the carrier proves that—

  2. the carrier, or the carrier's servants or agents, had taken all necessary measures to avoid the damage; or
    1. it was not possible for the carrier, or the carrier's servants or agents, to have taken those measures.

      Compare
      • 1967 No 151 s 26
      Notes
      • Section 91ZA: inserted, on , by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8).