Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Domestic carriage by air

91ZI: Just and equitable orders and awards

You could also call this:

"Courts can make fair decisions about responsibility, considering other related cases"

In cases where someone's responsibility is limited by this part of the law, a court can make decisions that it thinks are fair and reasonable. The court will consider the rules in this part of the law and any other legal actions that might be happening in New Zealand or other countries about the same issue.

If someone's responsibility might be dealt with in other court cases in New Zealand or elsewhere, the court has some special options. It can decide to give less money than it normally would if this was the only case. Or, it can make part of its decision depend on what happens in other court cases.

The court can use these options to try to make sure that the final result is fair for everyone involved, no matter where the court cases are happening.

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 It might be out of date or be missing some parts.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=DLM218557.

Topics:
Crime and justice > Courts and legal help
Previous

91ZH: Aggregate liability, or

"The law puts a cap on how much airlines have to pay for problems during flights in New Zealand"

Next

91ZJ: Tortfeasors, or

"Rules for who can be held responsible for injuries during air travel in New Zealand"

Part 9BDomestic carriage by air

91ZIJust and equitable orders and awards

  1. A court before which proceedings are brought to enforce a liability that is limited by this Part may, at any stage of the proceedings, make any order that appears to the court to be just and equitable in view of—

  2. the provisions of this Part; and
    1. any other proceedings that have been, or are likely to be, commenced in New Zealand or elsewhere to enforce the liability in whole or in part.

      1. Without limiting subsection (1), a court before which proceedings are brought to enforce a liability that is limited by this Part may, if the liability is, or may be, enforceable in other proceedings in New Zealand or elsewhere,—

      2. award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court; or
        1. make any part of its award conditional on the result of any other proceedings.

          Compare
          • 1967 No 151 s 35
          Notes
          • Section 91ZI: inserted, on , by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8).