Civil Aviation Act 2023

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

280: Just and equitable orders and awards

You could also call this:

"The court makes fair decisions about plane-related cases, considering what's fair and reasonable for everyone."

Illustration for Civil Aviation Act 2023

If you are in a court case about something that happened when you were on a plane, the court can make decisions that seem fair. The court thinks about the rules in this part of the law and other court cases that are happening or might happen in New Zealand or other countries. You might be asking the court to enforce a liability, which is a fancy way of saying you want someone to pay for something that went wrong. The court can make decisions based on what is happening in other court cases.

If the court thinks someone might have to pay for something in another court case, it can decide to give you less money than you asked for. The court can also say that you will only get some of the money if something specific happens in another court case. This is all part of the court trying to make a decision that seems fair to everyone involved, and it can look at laws like the one found at s 91ZI to help make its decision. The court's main goal is to make a decision that is just and equitable, which means it is trying to be fair and reasonable.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49973.


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279: Wilful or reckless misconduct, or

"When airlines do very bad things on purpose or are very careless and you get hurt"


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281: Application of limitation on liability, or

"Rules for limiting how much money someone must pay if you take them to court"

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

280Just and equitable orders and awards

  1. In proceedings to enforce a liability that is limited by this subpart, a court may, at any stage of the proceedings, make any order that appears to the court to be just and equitable in view of—

  2. this subpart; and
    1. any other proceedings that have been, or are likely to be, commenced in New Zealand or elsewhere to enforce the liability in whole or in part.
      1. Without limiting subsection (1), the court may, if the liability is, or may be, enforceable in other proceedings in New Zealand or elsewhere,—

      2. award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court; or
        1. make any part of its award conditional on the result of any other proceedings.
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