時間：2015-01-01 10:26來源：藍天飛行翻譯公司 作者：民航翻譯 點擊：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. (2) Despite subsection (1), the provisions of the Montreal Convention, the amended Convention and the Guadalajara Convention have the force of law in New Zealand only in so far as they relate to the rights and liabilities of carriers, carriers’ servants and agents, passengers, consignors, consignees, and other persons. (3) The provisions of the Montreal Convention, the amended Convention and the Guadalajara Convention apply in New Zealand in accordance with subsection (1), irrespective of the nationality of the aircraft performing that carriage. (4) The provisions of the Montreal Convention, the amended Convention and the Guadalajara Convention apply in New Zealand subject to the provisions of this Part. (5) Each version of Article 22 of the amended Convention set out in Schedule 4 applies in the circumstances outlined in the heading of that version. Compare: 1967 No 151 s 7(1) Section 91C: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). Section 91C(1): amended, on 4 November2003, by section 26(1)(a) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91C(1): amended, on 4 November2003, by section 26(1)(b) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91C(2): amended, on 4 November 2003, by section 26(2) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91C(3): amended, on 4 November 2003, by section 26(3) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91C(4): amended, on 4 November 2003, by section 26(4) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91C(5): amended, on 4 November 2003, by section 26(5) of the Civil Aviation Amendment Act 2002 (2002 No 15). 91D Inconsistency between French and English texts (1) If there is any inconsistency between the English text of the amended Convention which is set out in Schedule 4 and the corresponding text in French, the text in French prevails. (2) If there is any inconsistency between the English text of the Guadalajara Convention which is set out in Schedule 5 and the corresponding text in French, the text in French prevails. (3) A certificate may be given by or on behalf of the Secretary of Foreign Affairs and Trade stating that a document to which the certificate is annexed is a true copy of the authentic text in the French language of 1 or more of the following: (a) Additional Protocol No 1: (b) Additional Protocol No 2: (c) the Guadalajara Convention: (d) the Hague Protocol: (e) Protocol No 4: (f) the Warsaw Convention. (4) Any certificate given under subsection (3) must be received in evidence in any proceedings and, in the absence of proof to the contrary, is sufficient evidence of the matters stated in the certificate. Compare: 1967 No 151 s 7(2) Section 91D: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). 91E Fatal accidents References in section 4 of the Deaths by Accidents Compensation Act 1952 to a wrongful act, neglect, or default, include references to any occurrence which gives rise to a liability under Article 17(1) of the Montreal Convention or Article 17 of the amended Convention. Compare: 1967 No 151 s 9 Section 91E: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). Section 91E: amended, on 4 November2003, by section 27 of the Civil Aviation Amendment Act 2002 (2002 No 15). 91F Contributory negligence For the purposes of Article 20 of the Montreal Convention or Article 21 of the amended Convention, the provisions of the Contributory Negligence Act 1947 are the provisions of the law of New Zealand under which a court may exonerate the carrier wholly or partly from the carrier’s liability. Compare: 1967 No 151 s 12 Section 91F: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). Section 91F: amended, on 4 November2003, by section 28 of the Civil Aviation Amendment Act 2002 (2002 No 15). 91G Limitation of liability (1) The limitations on liability referred to in Articles 21 and 22 of the Montreal Convention or in Article 22 of the amended Convention apply whatever the nature of the proceedings by which liability may be enforced and, in particular,— (a) those limitations apply where proceedings are brought by a tortfeasor to obtain contribution from another tortfeasor if the tortfeasor from whom contribution is sought is the carrier or a servant or agent of the carrier; and (b) the limitation for each passenger referred to in Article 21 of the Montreal Convention or in paragraph (1) of Article 22 of the amended Convention applies to the aggregate liability of the carrier in all proceedings which may be brought against the carrier under the law of New Zealand, together with any proceedings brought against the carrier outside New Zealand. (2) A court before which proceedings are brought to enforce a liability which is limited by Article 21 or Article 22 of the Montreal Convention or Article 22 of the amended Convention may at any stage of the proceedings make any order that appears to the court to be just and equitable, in view of— (a) the provisions of Article 21 or Article 22 of the Montreal Convention or Article 22 of the amended Convention; and (b) any other proceedings which have been, or are likely to be, commenced in New Zealand or elsewhere to enforce the liability in whole or in part. (3) A court before which proceedings are brought to enforce a liability that is limited by Article 21 or Article 22 of the Montreal Convention or Article 22 of the amended Convention has jurisdiction, where the liability is, or may be, partly enforceable in other proceedings in New Zealand or elsewhere, to— (a) award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court; or (b) make any part of its award conditional on the result of any other proceedings. (4) The provisions of subsection (3) do not limit the powers conferred on a court by subsection (2). (5) Unless the context otherwise requires, references in this section to Article 22 of the amended Convention are, subject to any necessary modifications, to be read as references to that Article as applied or supplemented by Article 25A of the amended Convention and Articles V and VI of the Guadalajara Convention. Compare: 1967 No 151 s 10(1), (2), (3), (5) Section 91G: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). Section 91G(1): amended, on 4 November 2003, by section 29(1) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91G(1)(b): amended, on 4 November 2003, by section 29(2)(a) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91G(1)(b): amended, on 4 November 2003, by section 29(2)(b) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91G(2): amended, on 1 December 2004, by section 11(1) of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95). Section 91G(2): amended, on 4 November 2003, by section 29(3) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91G(2)(a): amended, on 1 December2004, by section 11(1) of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95). Section 91G(2)(a): amended, on 4 November 2003, by section 29(4)(a) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91G(2)(a): amended, on 4 November 2003, by section 29(4)(b) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91G(3): substituted, on 1 December 2004, by section 11(2) of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95). Section 91G(5): amended, on 4 November 2003, by section 29(6) of the Civil Aviation Amendment Act 2002 (2002 No 15). |
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