Originally Posted by
nzkarit
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
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
However if fare purchased in New Zealand and not for Business purposes surely there would be a case under CGA. If purchased for Business it would be likely that the Disputes Tribunal would be somewhat sympathetic to the customer for a claim up to $15k. I don’t imagine that Air NZ would want a test case or the negative publicity. IMHO from a reputational point of view they should have frontfooted the situation with a more transparent press release//explanation and considered a refund of fares paid for that flight.
Having said that they probably realise that they may well be exposed to claims and or actions from insurers. We may never know if out of court settlements are made but generally insurers like to determine liability.