Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Domestic carriage by air

91ZF: Servants or agents of carrier

You could also call this:

"Rules for suing people who work for airlines"

If you bring a legal action against someone who works for or represents an air carrier because of damage, there are some important things to know. If the worker or representative can show they were doing their job properly, they can use the same limits on how much they might have to pay as the air carrier would use. This is set out in another part of the law.

However, this protection doesn't apply if it can be proven that the worker or representative caused the damage on purpose or by being really careless. They won't be protected if they knew their actions would probably cause damage.

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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=DLM218551.

Topics:
Transport and travel > Air travelCrime and justice > Courts and legal help
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"Law about airlines causing damage on purpose or by being very careless"

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91ZG: Aggregation of damages, or

"There's a limit on how much money you can get when you claim for damages in air travel"

Part 9BDomestic carriage by air

91ZFServants or agents of carrier

  1. If an action in respect of any damage is brought against a servant or agent of a carrier, and the servant or agent proves that the servant or agent acted within the scope of the servant's or agent's employment or authority, the servant or agent is entitled to rely on the limits of liability, if any, that the carrier would be entitled to invoke under section 91ZC in an action against the carrier in respect of that damage.

  2. Subsection (1) does not apply if it is proved that the damage resulted from an act or omission of the servant or agent done—

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

      Compare
      • 1967 No 151 s 32
      Notes
      • Section 91ZF: inserted, on , by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8).