Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Domestic carriage by air

91ZJ: Tortfeasors

You could also call this:

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

If someone gets hurt during domestic air travel in New Zealand, there are rules about who can be held responsible and how much they might have to pay. These rules apply when one person who caused the harm (called a tortfeasor) tries to get money from another person who also caused the harm.

The limits on how much money can be claimed, which are mentioned in section 91ZC, apply in these situations. This is true when the person being asked for money is the airline, or someone who works for the airline.

If you want to ask another person who caused harm to pay some money, you have to do it within 2 years of when a court decides you have to pay. After 2 years, it's too late to ask.

These rules don't change anything about cases against people who caused harm if they're not the airline or someone working for the airline.

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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=DLM218559.

Topics:
Transport and travel > Air travel
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"Courts can make fair decisions about responsibility, considering other related cases"

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"Airlines can work together and keep their existing agreements"

Part 9BDomestic carriage by air

91ZJTortfeasors

  1. The limitations on liability referred to in section 91ZC apply if—

  2. proceedings are brought by a tortfeasor to obtain a contribution from another tortfeasor; and
    1. the tortfeasor from whom contribution is sought is the carrier, or a servant or agent of the carrier.

      1. Proceedings to which subsection (1) applies may not be brought by a tortfeasor to obtain a contribution from another tortfeasor after 2 years from the time when judgment is obtained against the tortfeasor seeking to obtain the contribution.

      2. This Part does not affect proceedings brought against any tortfeasor (other than the carrier or its servant or agent).

      Compare
      • 1967 No 151 s 36
      Notes
      • Section 91ZJ: inserted, on , by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8).