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Civil Aviation Act 2023

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

257: Inconsistency between French and English texts

You could also call this:

"What happens if the English and French versions of air travel rules don't match"

Illustration for Civil Aviation Act 2023

If you are looking at the rules for carrying passengers and goods by air, you might see that there are two versions of the text, one in English and one in French. If these two versions do not agree, the French version is used. You can find the English version of some of these rules in Schedule 4 and Schedule 5. The French version of these rules is the one that must be followed if there is a disagreement.

The Secretary of Foreign Affairs and Trade can give a special certificate to say that a document is a true copy of the French version of certain rules. These rules include things like the Warsaw Convention and the Guadalajara Convention. If you get one of these certificates, it can be used as evidence in court.

If someone gives you one of these certificates, you must accept it as evidence unless you can prove it is wrong. This means that if you are in a dispute about what the rules say, the certificate can help to resolve the issue.

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Topics:
Transport and travel > Air travel
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256: Conventions to have force of law, or

"International flying rules that are also New Zealand law"

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258: Fatal accidents, or

"What happens if someone dies in an air travel accident"

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

257Inconsistency between French and English texts

  1. If there is any inconsistency between the English text of the amended Convention set out in Schedule 4 and the corresponding text in French, the text in French prevails.

  2. If there is any inconsistency between the English text of the Guadalajara Convention set out in Schedule 5 and the corresponding text in French, the text in French prevails.

  3. The Secretary of Foreign Affairs and Trade may give a certificate stating that a document to which the certificate is annexed is a true copy of the authentic text in the French language of 1 or more of the following:

  4. Additional Protocol No 1:
    1. Additional Protocol No 2:
      1. the Guadalajara Convention:
        1. the Hague Protocol:
          1. Protocol No 4:
            1. the Warsaw Convention.

              1. Any certificate given must be received in evidence in any proceedings and, in the absence of proof to the contrary, is sufficient evidence of the matters stated in the certificate.

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