Civil Aviation Act 2023

Functions, powers, and duties of participants in civil aviation system - General offences and liability provisions

48: Claim against Crown in respect of damage, loss, or injury due to service aircraft

You could also call this:

"Claiming for damage caused by a military plane"

If you make a claim against the Crown because of damage, loss, or injury caused by a service aircraft, this section applies. You make this claim under the Crown Proceedings Act 1950. The Crown is treated as if they followed the rules, even if they did not.

When the Crown is claimed against, certain sections of this Act apply to the aircraft. This happens even if the Crown did not follow the rules. You can find these sections in sections 44 to 47.

A service aircraft is an aircraft used only for the Armed Forces of New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS50147.


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Part 2Functions, powers, and duties of participants in civil aviation system
General offences and liability provisions

48Claim against Crown in respect of damage, loss, or injury due to service aircraft

  1. This section applies if a claim is made against the Crown under the Crown Proceedings Act 1950 in respect of any damage, loss, or injury sustained or alleged to have been sustained by or through or in connection with the use of any service aircraft.

  2. Despite section 11, sections 44 to 47 apply with respect to the aircraft as if the applicable provisions of this Act and the rules (if any) have been complied with.

  3. In this section, service aircraft means an aircraft that is being used exclusively for the purposes of the Armed Forces of New Zealand.

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