Civil Aviation Act 2023

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

259: Contributory negligence

You could also call this:

"When a plane has a problem, this law helps decide if the airline is fully or partly to blame."

Illustration for Civil Aviation Act 2023

If you are on a plane and something goes wrong, the airline might be liable. The court uses the Contributory Negligence Act 1947 to decide if the airline is fully or partly responsible. This law helps the court make decisions about liability under Article 20 of the Montreal Convention or Article 21 of the amended Convention.

The court looks at this law to figure out if the airline should be exempt from liability. You can find more information about this law on the New Zealand legislation website. This law is an important part of how courts make decisions about airline liability in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49931.


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

259Contributory negligence

  1. The provisions of the Contributory Negligence Act 1947 are the provisions of the law of New Zealand under which a court may exonerate a carrier wholly or partly from the carrier’s liability for the purposes of—

  2. Article 20 of the Montreal Convention; or
    1. Article 21 of the amended Convention.
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