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Civil Aviation Act 2023

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

46: Circumstances in which owner entitled to be indemnified for responsibility for damage

You could also call this:

"When you can get help paying for damage if someone says your aircraft caused it"

Illustration for Civil Aviation Act 2023

If you own an aircraft and someone claims you are responsible for damage or loss, you might be able to get help paying for it. This happens if the damage or loss occurred in a way described in section 45 and you are only responsible because of that section. You must also not be the only one responsible for the damage or loss, someone else must be liable too. You are entitled to get money from the other person who is responsible to help pay for the claim made against you under section 45. This means the other person must help you pay for the damage or loss if you are claimed against.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS50156.

Topics:
Transport and travel > Air travel
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45: Responsibility for damage, or

"Aircraft owners are responsible for damage their plane causes, even if it's not their fault."

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

46Circumstances in which owner entitled to be indemnified for responsibility for damage

  1. This section applies if damage or loss is caused in the manner described in section 45 and—

  2. damages are recoverable from the owner of the aircraft in respect of the damage or loss only because of the provisions of section 45; and
    1. some person other than the owner is liable to pay damages in respect of the damage or loss.

      1. The owner is entitled to be indemnified by the other person referred to in subsection (1)(b) against any claim under section 45 in respect of the damage or loss.

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