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Civil Aviation Act 1990

International carriage by air - Transitional provisions

91P: High Contracting Parties not Party to Montreal Protocols

You could also call this:

“Rules for countries that haven't joined all air travel agreements”

You need to know about a rule for when some countries haven’t signed up to certain air travel agreements. This rule is part of New Zealand’s Civil Aviation Act.

If a country that signed the Warsaw Convention and the Hague Protocol hasn’t also signed Additional Protocols 1 and 2 and Protocol 4, then a different set of rules applies. In this case, the rules that were in place before are used. These old rules are found in Part 1 and Schedules 1 and 2 of the Carriage by Air Act 1967.

This means that even though these old rules aren’t normally used anymore, they can still apply in some situations when countries haven’t signed all the new agreements.

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Topics:
Transport and travel > Air travel
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91O: High Contracting Parties not Party to Hague Protocol, or

"Rules for air travel agreements between countries using different versions"

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91Q: High Contracting Parties not Party to Protocol No 4, or

"Rules for air travel when countries don't agree to all the same protocols"

Part 9A International carriage by air
Transitional provisions

91PHigh Contracting Parties not Party to Montreal Protocols

  1. Subsection (2) applies where, by reason of the fact that any High Contracting Party or Party, as the case may be, to the Warsaw Convention and the Hague Protocol is not a Party to any of Additional Protocols Nos 1 and 2 and Protocol No 4, the amended Convention is not applicable to any carriage by air.

  2. If this subsection applies, the law applicable to any carriage by air is the law which would have been applicable if Part 1 and Schedules 1 and 2 of the Carriage by Air Act 1967 (as they read immediately before their repeal) had continued in force.

Notes
  • Section 91P: inserted, on , by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70).
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