Plain language law

New Zealand law explained for everyone

Civil Aviation Act 2023

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

273: Provisions if carriage performed by actual carrier

You could also call this:

"Rules for when someone else does the flying for a main airline"

Illustration for Civil Aviation Act 2023

If someone else actually does the job of carrying passengers or goods by air, you need to know that both the main carrier and the actual carrier can be held responsible. The main carrier is responsible for the whole trip, from start to finish. The actual carrier is only responsible for the part of the trip they are doing.

If the main carrier agrees to do something extra or gives up some of their rights, this does not affect the actual carrier unless the actual carrier also agrees to it. You can find more information about this by looking at the Civil Aviation Act 2023 and similar laws, such as s 91X. This law is similar to a law from 1990, which you can find on the New Zealand legislation website.

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 It might be out of date or be missing some parts.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=LMS49962.

Topics:
Transport and travel > Air travel
Previous

272: Exclusions, or

"When this law does not apply to some flights"

Next

274: Liability of carrier in respect of delay, or

"Airline responsibility for delayed flights"

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

273Provisions if carriage performed by actual carrier

  1. If the whole or any part of any carriage to which this subpart applies is performed by an actual carrier,—

  2. both the contracting carrier and the actual carrier are subject to any liability imposed by this subpart as follows:
    1. the contracting carrier is liable in respect of the whole of the carriage contemplated in the contract between the contracting carrier and the passenger; and
      1. the actual carrier is liable solely in respect of the carriage that the actual carrier performs:
      2. any special agreement under which the contracting carrier assumes obligations not imposed by this subpart, or any waiver of rights conferred by this subpart, does not affect the actual carrier unless agreed to by the actual carrier.

        Compare