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Civil Aviation Act 2023

International aviation - International air carriage competition

204: Application of Commerce Act 1986

You could also call this:

"Some commerce rules don't apply to international flight contracts if they follow special approval rules"

When you look at contracts about international flights, some parts of the Commerce Act 1986 do not apply. This is for contracts that have provisions about international carriage by air, but only if those provisions are not used before they are authorised under section 199. If a contract has a provision about international carriage by air and it is not used before it is authorised, then some parts of the Commerce Act 1986 do not apply to that provision.

When the Minister authorises something under section 199, it is like getting a special permission from the law. This special permission is for the purposes of section 43 of the Commerce Act 1986. You can find more information about the Commerce Act 1986 at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS175885.

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205: Interpretation, or

"What special words mean in this law"

Part 6International aviation
International air carriage competition

204Application of Commerce Act 1986

  1. Nothing in sections 27, 30, and 30C to 33 of the Commerce Act 1986 applies to, or in respect of,—

  2. the negotiation or conclusion of any contract, arrangement, or understanding—
    1. if, and to the extent that, it contains a provision relating to international carriage by air; and
      1. if, and only if, that provision is not given effect to before its authorisation under section 199; or
      2. any provision of a contract, an arrangement, or an understanding relating to international carriage by air if, and only if, it is not given effect to before its authorisation under section 199.

        1. Every authorisation by the Minister under section 199 is declared to be a specific authorisation by legislation for the purposes of section 43 of the Commerce Act 1986.

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