Plain language law

New Zealand law explained for everyone

Civil Aviation Act 2023

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

265: Actions against Parties to Montreal Convention

You could also call this:

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

Illustration for Civil Aviation Act 2023

If you are a party to the Montreal 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 claim to a New Zealand court about carrying passengers or goods, and you are doing this under Article 46 of the Montreal Convention. The court rules will explain how to start and continue the court case.

The court can make rules about how to begin and carry out a court case. You can find more information by looking at the rules of court. The rules will help you understand what to do.

This law does not allow the court to take property from a party to the Montreal Convention to pay for a debt. You can compare this to a similar law from 1990, which is available at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM218081. This comparison might help you understand the law better.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49937.

Topics:
Crime and justice > Courts and legal helpTransport and travel > Air travel
Previous

264: Actions against High Contracting Parties, or

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

Next

266: Designation of Parties, or

"The Governor-General decides who is involved in international aviation agreements and when rules apply."

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

265Actions against Parties to Montreal Convention

  1. Every Party to the Montreal 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 if any action is brought in a court in New Zealand by a Party to the Montreal Convention, to enforce a claim in respect of carriage undertaken by that Party, in accordance with Article 46 of the Montreal Convention.

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

  4. This section does not authorise the issue of execution against the property of any Party to the Montreal Convention.

Compare