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Civil Aviation Act 2023

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

264: Actions against High Contracting Parties

You could also call this:

"What happens when countries take each other to court over air travel problems"

Illustration for Civil Aviation Act 2023

If you are a High Contracting Party to the amended Convention, you are considered to have agreed to follow the decisions of a New Zealand court in certain situations. This applies when you take a court action in New Zealand to make someone pay for something related to carrying passengers or goods by air, and you are following Article 28 of the amended Convention or Article VIII of the Guadalajara Convention. You need to follow the rules of the court when you start and continue your court action.

The court can make rules about how to start and carry out a court action. This section of the law does not allow the court to take property from a High Contracting Party to pay a debt. It also does not apply to High Contracting Parties that have used the provisions of the Additional Protocol, you can compare this to the 1990 legislation for more information. This law is part of the rules for international and domestic carriage of passengers and goods by air 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=LMS49936.

Topics:
Transport and travel > Air travel
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263: Further provisions in relation to time for bringing proceedings, or

"Time limits for taking someone to court over something that happened on a plane"

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265: Actions against Parties to Montreal Convention, or

"What happens if you're involved in a court case about flying under the Montreal Convention rules"

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

264Actions against High Contracting Parties

  1. Every High Contracting Party to the amended Convention is to be regarded as having submitted to the jurisdiction of the court in the circumstances described in subsection (2).

  2. Subsection (1) applies where any action is brought in a court in New Zealand by a High Contracting Party, to enforce a claim in respect of carriage undertaken by that Party, in accordance with—

  3. Article 28 of the amended Convention; or
    1. Article VIII of the Guadalajara Convention.

      1. Rules of court may provide for the manner in which any action is to be commenced and carried on.

      2. This section does not—

      3. authorise the issue of execution against the property of any High Contracting Party; or
        1. apply to any High Contracting Party to the amended Convention that has availed itself of the provisions of the Additional Protocol.

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