Civil Aviation Act 2023

International and domestic carriage of passengers and goods by air - International carriage by air

256: Conventions to have force of law

You could also call this:

"International flying rules that are also New Zealand law"

Illustration for Civil Aviation Act 2023

When you are flying in New Zealand, some international rules apply. These rules are called the Conventions and they have the force of law in New Zealand. They apply to flights that the Conventions cover, and they affect the rights and responsibilities of airlines, their staff, passengers, and people sending or receiving goods.

The Conventions apply in New Zealand regardless of the country the plane is from. They also apply according to the specific rules outlined in the law. You can find more information about one of these rules, called Article 22, in the Schedule 4 section of the law.

The Conventions are used to decide what happens when something goes wrong during a flight, like if your luggage gets lost or damaged. They help to make sure that airlines and passengers know what to expect and what their responsibilities are. The Conventions are an important part of keeping you safe when you fly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49928.


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255: Application of Guadalajara Convention, or

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257: Inconsistency between French and English texts, or

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Part 8International and domestic carriage of passengers and goods by air
International carriage by air

256Conventions to have force of law

  1. This section relates to the Montreal Convention, the amended Convention, and the Guadalajara Convention (the Conventions).

  2. The Conventions have the force of law in New Zealand in relation to any carriage by air to which any of the Conventions, as the case may require, applies.

  3. However, the Conventions have the force of law in New Zealand only to the extent that they relate to the rights and liabilities of carriers, carriers’ servants and agents, passengers, consignors, consignees, and other persons.

  4. The Conventions apply in New Zealand—

  5. subject to this subpart; and
    1. irrespective of the nationality of the aircraft performing the carriage by air.
      1. Each version of Article 22 of the amended Convention set out in Schedule 4 applies in the circumstances outlined in the heading of that version.

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