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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

281: Application of limitation on liability

You could also call this:

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

Illustration for Civil Aviation Act 2023

If you are taking someone to court to get them to help pay for something, the rules about limiting how much they have to pay, which are in section 277, apply if you are asking someone who is the carrier, or who works for the carrier, to help pay. You have to be the one taking them to court to get their help. The person you are asking to help pay must be the carrier, or someone who works for the carrier. You can only take them to court to get their help within 2 years of when the court made a decision against you. This rule does not change how the court handles cases against people who are not the carrier, or who do not work for the carrier.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49976.

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

281Application of limitation on liability

  1. The limitations on liability referred to in section 277 apply if—

  2. a person (person A) brings proceedings against another person (person B) to obtain a contribution from person B; and
    1. person B is the carrier, or a servant or an agent of the carrier.

      1. Person A must not bring proceedings referred to in subsection (1) to obtain a contribution from person B later than 2 years after the time when judgment is obtained against person A.

      2. This subpart does not affect proceedings brought against any person other than the carrier, or servant or agent of the carrier.

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