Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Domestic carriage by air

91ZL: Limitation of actions

You could also call this:

“Time limit for starting legal actions against airlines”

You cannot start a legal action against an airline, or its workers, after 2 years from when the plane arrived at its destination. If the plane didn’t arrive, the 2 years start from when it should have arrived or when the journey stopped.

Even after 2 years, you can ask the court for permission to start a case. You can do this up to 6 years after the event. You need to tell the airline first that you want to do this.

The court might let you start a case after 2 years if it thinks it’s fair. This could happen if you were late because you made a mistake about the facts or the law, or for another good reason. The court might also say yes if the delay didn’t make it too hard for the airline to defend itself.

If the court says you can start a case after 2 years, it might add some rules you have to follow.

There are special rules about this for cases involving multiple people who caused harm. You can find these rules in section 91ZJ.

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Topics:
Transport and travel > Air travel
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Part 9B Domestic carriage by air

91ZLLimitation of actions

  1. An action may not be brought under this Part against a carrier, or a servant or agent of a carrier acting within the scope of his or her employment, after 2 years from the later of the following dates:

  2. the date of the arrival of the aeroplane at the destination; or
    1. if the aeroplane did not arrive at the destination,—
      1. the date on which the aeroplane ought to have arrived at the destination; or
        1. the date on which the carriage stopped.

        2. Despite subsection (1), application may be made to the court, after giving notice to the intended defendant, for leave to bring an action at any time within 6 years after the date on which the cause of action accrued as provided in subsection (1).

        3. On application under subsection (2), the court may grant leave accordingly if it considers that it is just to do so and if it considers that—

        4. the delay in bringing the action was caused by—
          1. mistake of fact; or
            1. mistake of any matter of law other than the provisions of this subsection; or
              1. any other reasonable cause; or
              2. the intended defendant was not materially prejudiced in the defendant's defence or otherwise by the delay.

                1. If the court grants leave under subsection (3), that leave may be subject to such conditions (if any) that the court thinks just to impose.

                2. This section applies subject to the special provisions relating to tortfeasors in section 91ZJ.

                Compare
                • 1967 No 151 s 39
                Notes
                • Section 91ZL: inserted, on , by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8).
                OSZAR »