Civil Aviation Act 2023

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

262: Time for bringing proceedings

You could also call this:

"How long you have to take someone to court over travel damage"

Illustration for Civil Aviation Act 2023

If you want to take a carrier's servant or agent to court because of damage, you must do it within 2 years. This 2-year time limit starts from the earliest of these dates: when you arrived at your destination, when you should have arrived, or when your trip stopped. You calculate the time from one of these dates.

When you are working out if you can take someone to court, some rules from the Montreal Convention do not apply if you are trying to get money from someone else who is also responsible. If you want to get money from a carrier because they are also responsible, you must do it within 2 years of getting a court decision against you. This rule applies if the Montreal Convention or the amended Convention applies to your situation.

You can look at section 91I(1)–(4) of the 1990 Act to compare with this law. This law is about taking court action against a carrier's servant or agent. You must follow the time limits to take action.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49934.


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

262Time for bringing proceedings

  1. No action against a carrier’s servant or agent that arises out of damage to which this Part relates may be brought after more than 2 years if the servant or agent was acting within the scope of the person’s employment.

  2. For the purposes of subsection (1), the period of 2 years is calculated from the earliest of the following dates:

  3. the date of arrival at the destination:
    1. the date the aircraft ought to have arrived:
      1. the date carriage stopped.
        1. Neither Article 35 of the Montreal Convention nor Article 29 of the amended Convention applies to any proceedings for contribution between tortfeasors.

        2. Despite subsection (3), no action may be brought by a person to obtain a contribution from a carrier—

        3. in respect of a tort to which either of the following applies:
          1. Article 35 of the Montreal Convention:
            1. Article 29 of the amended Convention; and
            2. after the expiry of 2 years from the time when judgment is obtained against the person seeking to obtain the contribution.
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