Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Domestic carriage by air

91ZD: Contracting out

You could also call this:

“Airlines can't change rules about paying you if something goes wrong”

When you travel by air within New Zealand, airlines have rules about how much money they might owe you if something goes wrong. These rules are there to protect you.

If an airline tries to say in their contract or rules that they won’t pay you, or that they’ll pay you less than what the law says, that part of their contract doesn’t count. The law says they can’t do that.

Even if that part of the contract isn’t allowed, it doesn’t mean the whole contract is wrong. The rest of what the contract says might still be okay.

Remember, these rules are there to make sure you’re treated fairly when you fly within New Zealand.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM218547.

Topics:
Transport and travel > Air travel Money and consumer rights > Consumer protection
Previous

91ZC: Limitation of liability, or

"Rules about how much airlines might pay you if your trip is delayed"

Next

91ZE: Wilful or reckless misconduct, or

"Law about airlines causing damage on purpose or by being very careless"

Part 9B Domestic carriage by air

91ZDContracting out

  1. A provision in a contract of carriage or in any bylaws made by a carrier purporting to relieve the carrier of liability, or to fix a lower limit than the appropriate limit of liability referred to in section 91ZC, has no effect.

  2. The invalidity under subsection (1) of a provision in a contract of carriage or in any bylaws does not, by itself, make any other provision of that contract or those bylaws invalid.

Compare
  • 1967 No 151 s 30
Notes
  • Section 91ZD: inserted, on , by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8).