FlyerTalk Forums - View Single Post - Air NZ flight to Shanghai forced to turn back to Auckland mid-flight
Old Feb 10, 2019 | 2:31 am
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nzkarit
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Originally Posted by drajknox


Does it?
If I purchase an IPhone and the Modem chip fails I’m not expected to seek compensation from Foxconn or Intel.

Does NZ law apply China's Aviation Authority? AirNZ could claim out side of their control.

Looking at
Civil Aviation Act 1990 No 98 (as at 01 October 2018), Public Act ? New Zealand Legislation
Can only find in the Domestic carriage by air
91ZC Limitation of liability

(1) The liability of the carrier in respect of damage caused by delay is limited to the lesser of—
(a)the amount of damage proved to have been sustained as a result of the delay; or
(b) an amount representing 10 times the sum paid for the carriage.

(2) Despite subsection (1), the carrier may, by special contract, increase the amount of the carrier’s liability under that subsection.(3) This Part does not affect any rule of law relating to remoteness of damage.






So that is application to domestic flights can't find anything in regards to international. As that most probably falls into Montreal Convention?

Air NZ's out may 2aiii or 2b if this part did cover international flights
91z Liability of carrier in respect of delay
(1) A carrier is liable for damage caused by delay in the carriage of passengers.


(2) Despite subsection (1), a carrier is not liable for damage caused by delay if the carrier proves that the delay—
(a)arose by reason of—
(i)meteorological conditions; or
(ii) compliance with instructions, advice, or information given by an air traffic control service; or
(iii) obedience to orders or directions given by a lawful authority; or

(b) was made necessary by force majeure; or


(c) was necessary for the purpose of saving or attempting to save life.

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