US DOT rule applicability
#166


Join Date: Apr 2013
Location: New Zealand (most of the time)
Programs: Air NZ Elite *G, Honors Gold, IHG Platinum Elite
Posts: 7,066
Just because the NZ Government claims it is not, it does not mean it is not.
At least PWC agrees with me.
At least PWC agrees with me.
Just because something can meet a technical definition of a SOE does not mean it is. Here in New Zealand state owned entities are covered by the State-Owned Enterprises Act 1986 which has very specific rules and criteria around those companies that are SOEs, and the Crown Entities act also covers other businesses.
Here in NZ we also have mixed ownership companies where the Govt has a stake, and publically listed companies where the Government has a stake (of which Air NZ is one).
#167


Join Date: Jul 2014
Location: Auckland
Programs: NZ Elite, MH Platinum, IHG Diamond Ambassador
Posts: 936
Well NZ law says it's not - so that can only mean PWC is wrong.
Just because something can meet a technical definition of a SOE does not mean it is. Here in New Zealand state owned entities are covered by the State-Owned Enterprises Act 1986 which has very specific rules and criteria around those companies that are SOEs, and the Crown Entities act also covers other businesses.
Here in NZ we also have mixed ownership companies where the Govt has a stake, and publically listed companies where the Government has a stake (of which Air NZ is one).
Just because something can meet a technical definition of a SOE does not mean it is. Here in New Zealand state owned entities are covered by the State-Owned Enterprises Act 1986 which has very specific rules and criteria around those companies that are SOEs, and the Crown Entities act also covers other businesses.
Here in NZ we also have mixed ownership companies where the Govt has a stake, and publically listed companies where the Government has a stake (of which Air NZ is one).
#168




Join Date: Feb 2014
Location: Frensham, Lincolnshire
Programs: Royal Flying Corps
Posts: 6,648
Just because the NZ Government claims it is not, it does not mean it is not.
At least PWC agrees with me.
At least PWC agrees with me.
On page 8 they say that an SOE is anything where a government has a major or majority stake and that they're using the OECD definition, but they do so after acknowledging (page 3) that there are many definitions in law, practice, and countries. Their definition is simply one of global convenience for the purposes of their report.
More importantly for NZ, the government takes no role in managing or directing them, per se, unlike New Zealand SOE''s where their role and function is defined in law and regulation, and their goals are actively managed (or interfered with, depending on your political view) by government from time to time.
#169

Join Date: Sep 2017
Programs: Air NZ Koru, Air NZ ELT *G, IHG Spire Ambassador, Emirates, Flying Blue, QANTAS Club
Posts: 445
Just got confirmation of refund received (by my TA) for 3 x PAX, AKL - IAH - ATL then ORD - AKL return, booked discount premium economy - special fares. Was due to depart 23/5 and return 29/5. This after being declined 3 times. Finally been approved post the announcement 29/4 re US DOT regulations.
Air NZ cancelled these flights and offered no alternative.
Great success.
Air NZ cancelled these flights and offered no alternative.
Great success.
#170


Join Date: Feb 2016
Programs: NZ Silver A3 Gold Qantas Gold Accor Platinum
Posts: 233
So have had my reply from my NZ2/NZ2 Dot complaint and with out coping the whole ::
"Based on the information you have provided, your complaint appears to fall under the Department's rules. We will forward your complaint to the airline and ask the company to respond directly to you with a copy to us. Airlines are required to acknowledge receipt of a consumer complaint within 30 days and provide a substantive response to the complainant within 60 days. We will review the airline's response. If you need to contact me, please include your name and case number (see above). I will make every effort to reply to your message within one business day."
So guess from here just wait till AIRNZ responds?
"Based on the information you have provided, your complaint appears to fall under the Department's rules. We will forward your complaint to the airline and ask the company to respond directly to you with a copy to us. Airlines are required to acknowledge receipt of a consumer complaint within 30 days and provide a substantive response to the complainant within 60 days. We will review the airline's response. If you need to contact me, please include your name and case number (see above). I will make every effort to reply to your message within one business day."
So guess from here just wait till AIRNZ responds?
#172
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,253
So have had my reply from my NZ2/NZ2 Dot complaint and with out coping the whole ::
"Based on the information you have provided, your complaint appears to fall under the Department's rules. We will forward your complaint to the airline and ask the company to respond directly to you with a copy to us. Airlines are required to acknowledge receipt of a consumer complaint within 30 days and provide a substantive response to the complainant within 60 days. We will review the airline's response. If you need to contact me, please include your name and case number (see above). I will make every effort to reply to your message within one business day."
So guess from here just wait till AIRNZ responds?
"Based on the information you have provided, your complaint appears to fall under the Department's rules. We will forward your complaint to the airline and ask the company to respond directly to you with a copy to us. Airlines are required to acknowledge receipt of a consumer complaint within 30 days and provide a substantive response to the complainant within 60 days. We will review the airline's response. If you need to contact me, please include your name and case number (see above). I will make every effort to reply to your message within one business day."
So guess from here just wait till AIRNZ responds?
DOT does not act on individual instances. Rather, it pursues those who violate, ignore warnings and then continue to violate. NZ's landing rights in the US are at stake here, it would surprise me if it falls on its sword over your complaint. These are rules which have been in effect since 2011 and are hardly new.
#173


Join Date: Feb 2016
Programs: NZ Silver A3 Gold Qantas Gold Accor Platinum
Posts: 233
To clarify, yes the flight was cancelled, however no option given in context to credit/refund, just automaically placed in credit by AIRNZ even before any discussion, Rang asked for refund but just absolutely no traction on the matter, not even a rebbok, hence the DOT complaint.
#174


Join Date: Mar 2014
Location: Wellington
Programs: AIRNZ Elite only
Posts: 1,653
Consumer NZ to lodge complaint over Air NZ's refusal to refund cancelled US flights
To clarify, yes the flight was cancelled, however no option given in context to credit/refund, just automaically placed in credit by AIRNZ even before any discussion, Rang asked for refund but just absolutely no traction on the matter, not even a rebbok, hence the DOT complaint.
#175


Join Date: Aug 2018
Location: NZ
Posts: 248
Didn't take them long to finally concede, its about time -
https://www.stuff.co.nz/national/hea...ing-through-us
https://www.stuff.co.nz/national/hea...ing-through-us
#176

Join Date: Sep 2017
Programs: Air NZ Koru, Air NZ ELT *G, IHG Spire Ambassador, Emirates, Flying Blue, QANTAS Club
Posts: 445
Didn't take them long to finally concede, its about time -
https://www.stuff.co.nz/national/hea...ing-through-us
https://www.stuff.co.nz/national/hea...ing-through-us
#177


Join Date: Feb 2016
Programs: NZ Silver A3 Gold Qantas Gold Accor Platinum
Posts: 233
Yep agree should not have taken this long. The worst part of this is just how the executive team just hung out the frontline staff to deal with it all, Shameful behaviour on their part..
#178




Join Date: Jun 2016
Programs: Cathay, Singpapore Airlines, AA
Posts: 45
Thanks to everyone in this thread! My wife was booked last Sept to fly SYD-LAX return using flights NZ5 and NZ6 on June 4th. We've received a bunch of flight change emails since we booked but didn't pay attention too much. I started to investigate getting a refund (as opposed to credit which would be hard for us to use) by reading this thread and understanding the DoT justification for refund. When I went back though the flight change emails with AirNZ, I found that on May 8th they moved my wife from NZ5 and NZ6 to NZ1 and NZ2. The original flights were cancelled, but the new flights are still flying.
I called AirNZ just now and said that I wanted a refund as my wife's flights to the states were cancelled. When she asked which flights had been cancelled, I just stated NZ5 and NZ6. She put me on hold for about 10 mins then came back to tell me the refund would happen in the next few days.
If I hadn't read this thread, I would have had no idea how to approach the problem. Thanks again to everyone!
I called AirNZ just now and said that I wanted a refund as my wife's flights to the states were cancelled. When she asked which flights had been cancelled, I just stated NZ5 and NZ6. She put me on hold for about 10 mins then came back to tell me the refund would happen in the next few days.
If I hadn't read this thread, I would have had no idea how to approach the problem. Thanks again to everyone!
#179


Join Date: Aug 2018
Location: NZ
Posts: 248
Our friends are in the same boat for NZ2. They got a reply from DOT saying they have forwarded the complaint to NZ and asked NZ to respond to customer and include DOT. The email from DOT did not say outright what NZ is obligated to do but I think the email request from DOT to NZ direct has different content around NZ obligations. NZ have 30 days to acknowledge and 60 to respond as per DOTs request.
I think they will now seriously be looking at the NZ2/1 route and seeing what if any outs they have. I'm expecting my friends to be getting a email from NZ anytime soon. I thought NZ may have responded by now TBH. Fingers cross for NZ finally budging.
I think they will now seriously be looking at the NZ2/1 route and seeing what if any outs they have. I'm expecting my friends to be getting a email from NZ anytime soon. I thought NZ may have responded by now TBH. Fingers cross for NZ finally budging.
#180
Join Date: Oct 2019
Posts: 18
Here in NZ the pressure is mounting on Air NZ. Consumer NZ has been to see the relevant government ministers etc because Air NZ are sitting on tens of millions of dollars of people's money. Many of those people are losing jobs and so on as a result of Covid, so they need the money.
At the moment, Air NZ's argument appears to be "We need the money too so we aren't giving it back"! I do not think that will last very long because eventually someone in Air NZ will have the sense to realise what damage they are doing to their corporate reputation.
I filed a complaint through the US DOT for one of my flight bundles than went through the USA and got a response 3 weeks ago from AIr NZ agreeing that they would refund it. To date, no refund received however.
If Air NZ cannot trade without sitting on free loans from their customers, they should be allowed to go bust or the airline should be sold.
At the moment, Air NZ's argument appears to be "We need the money too so we aren't giving it back"! I do not think that will last very long because eventually someone in Air NZ will have the sense to realise what damage they are doing to their corporate reputation.
I filed a complaint through the US DOT for one of my flight bundles than went through the USA and got a response 3 weeks ago from AIr NZ agreeing that they would refund it. To date, no refund received however.
If Air NZ cannot trade without sitting on free loans from their customers, they should be allowed to go bust or the airline should be sold.

