Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Domestic carriage by air

91ZE: Wilful or reckless misconduct

You could also call this:

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

You should know about a rule in New Zealand’s air travel law. This rule is about when an airline or its workers do something really bad that causes damage.

Usually, there’s a limit on how much money you can get if something goes wrong during a flight. But this rule says those limits don’t apply in some cases.

If the airline does something on purpose to cause damage, or if they do something really careless knowing it will probably cause damage, then there’s no limit on how much money you can claim.

The same thing applies if the airline’s workers do something like this while they’re doing their job. If they cause damage on purpose, or if they’re really careless and know they’ll probably cause damage, then the normal limits don’t apply.

This rule helps protect you if an airline or its workers behave very badly and cause you harm during a flight in New Zealand.

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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=DLM218549.

Topics:
Transport and travel > Air travel
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Part 9B Domestic carriage by air

91ZEWilful or reckless misconduct

  1. The limits of liability referred to in section 91ZC do not apply if it is proved that the damage resulted from an act or omission of the carrier done—

  2. with intent to cause damage; or
    1. recklessly and with knowledge that damage would probably result.

      1. The limits of liability referred to in section 91ZC do not apply if it is proved that the damage resulted from an act or omission of the carrier's servants or agents done—

      2. with intent to cause damage; or
        1. recklessly and with knowledge that damage would probably result; and
          1. while the servant or agent was acting within the scope of that servant's or agent's employment.

            Compare
            • 1967 No 151 s 31
            Notes
            • Section 91ZE: inserted, on , by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8).