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New Zealand law explained for everyone

Civil Aviation Act 2023

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

269: Interpretation in this subpart

You could also call this:

"What special words mean in this part of the law"

Illustration for Civil Aviation Act 2023

When you read this part of the law, some words have special meanings. An actual carrier is someone who does the job of carrying people or goods, but they are not the main person you made a contract with. They do the job with the permission of the main person you made the contract with.

A carrier can be the main person you made a contract with, or the actual carrier who does the job. A contract is an agreement between two people, and it can be made without exchanging money. The main person you make a contract with is called the contracting carrier, and they can also be a successive carrier, which means they do part of the job.

A court is a place where people go to solve disputes, and it includes the Disputes Tribunal. A passenger is someone who is carried on a plane under a contract, but it does not include people who work on the plane or people who are being trained to fly the plane. A successive carrier is someone who does part of the job of carrying people or goods, when the job is done in stages by different people.

If someone asks whether an actual carrier has permission to do the job, it is assumed they do have permission, unless someone can prove otherwise. You can compare this law to an earlier law, s 91U, to see how it has changed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49958.

Topics:
Transport and travel > Air travel
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268: Power to exclude aircraft in use for military purposes, or

"The Governor-General can decide if some rules apply to military aircraft."

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270: Application of this subpart, or

"This law applies when you fly within New Zealand, even if others on your plane are travelling overseas."

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

269Interpretation in this subpart

  1. In this subpart, unless the context otherwise requires,—

    actual carrier means a person, other than the contracting carrier, who—

    1. performs the whole or part of the carriage contracted for by the contracting carrier with the authority of the contracting carrier; but
      1. is not, in relation to that carriage, a successive carrier

        carrier includes a contracting carrier and an actual carrier

          contract includes an arrangement made without consideration

            contracting carrier—

            1. means a person who, as a principal, makes a contract for carriage with a passenger, or with a person acting on behalf of the passenger; and
              1. includes a successive carrier

                court includes the Disputes Tribunal

                  passenger means a person carried under a contract for carriage other than a person—

                  1. assigned by the carrier for duty as a member of the crew of the aircraft; or
                    1. carried for the sole purpose of receiving or giving instruction in the control or navigation of an aircraft in flight

                      successive carrier means a person who performs part of the carriage if the carriage—

                      1. is performed by 2 or more persons in successive stages; and
                        1. has been regarded by the parties as a single operation, whether it has been agreed on by a single contract or by 2 or more contracts.

                        2. If any question arises as to whether an actual carrier has authority from a contracting carrier to perform any carriage, that authority is, in the absence of proof to the contrary, to be presumed.

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