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Civil Aviation Act 2023

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

276: Avoidance of liability

You could also call this:

"Carriers are not responsible if they did everything to prevent damage"

Illustration for Civil Aviation Act 2023

If you are a carrier, you are not liable for damage under this law if you can prove that you took all necessary steps to avoid the damage. You must show that you, or your employees, did everything possible to prevent the damage from happening. If you can prove that it was impossible for you to take those steps, you are also not liable, you can compare this to the 1990 law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49965.

Topics:
Transport and travel > Air travel
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275: Provisions if carriage performed by successive carriers, or

"What happens if multiple airlines are involved and something goes wrong with your flight?"

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277: Limitation of liability, or

"Airlines are responsible for damage from delays, but their payment is limited to a certain amount."

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

276Avoidance of liability

  1. The carrier is not liable under this subpart if the carrier proves that—

  2. the carrier, or the carrier’s servants or agents, took all necessary measures to avoid the damage; or
    1. it was not possible for the carrier, or the carrier’s servants or agents, to take those measures.

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