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

274: Liability of carrier in respect of delay

You could also call this:

"Airline responsibility for delayed flights"

Illustration for Civil Aviation Act 2023

If you are travelling by air and your flight is delayed, the airline may be responsible for any damage this causes you. The airline will not be responsible if the delay is due to bad weather, or if they are following instructions from air traffic control or a lawful authority. The airline also will not be responsible if the delay is due to something outside their control, known as force majeure, or if the delay is necessary to save a life.

If the delay is not for one of these reasons, the airline may still be responsible under other laws. You can find more information about this by looking at the Civil Aviation Act 2023 and other related laws. This law does not change what the airline is responsible for under other laws or rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49964.

Topics:
Transport and travel > Air travel
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Part 8International and domestic carriage of passengers and goods by air
Domestic carriage by air

274Liability of carrier in respect of delay

  1. A carrier is liable under this section for damage caused by delay in the carriage of passengers.

  2. Despite subsection (1), a carrier is not liable for damage caused by delay if the carrier proves that the delay—

  3. arose by reason of—
    1. meteorological conditions; or
      1. compliance with instructions, advice, or information given by an air traffic control service; or
        1. obedience to orders or directions given by a lawful authority; or
        2. was made necessary by force majeure; or
          1. was necessary for the purpose of saving or attempting to save life.

            1. This section does not limit or affect the liability of a carrier under any other enactment or rule of law.

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