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. (3) Subsection (4) applies if a High Contracting Party to the amended Convention is not a party to the Montreal Convention. (4) If this subsection applies,— (a) the law applicable to any carriage by air is the law set out in the amended Convention; and (b) 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. Section 91RA: inserted, on 4 November 2003, by section 35 of the Civil Aviation Amendment Act 2002 (2002 No 15). 91S Currency equivalent notices (1) The Minister of Finance may from time to time, by notice in the Gazette, specify the respective amounts which for the purpose of Article 22 of the Warsaw Convention (as amended by the Hague Protocol and as set out in Schedule 1 of the Carriage by Air Act 1967), and in particular of paragraph 5 of that Article, are to be taken as equivalent to the sums expressed in francs which are mentioned in that Article. (2) The Carriage by Air (New Zealand Currency Equivalents) Notice (No 2) 1998 (SR 1998/347) continues in force as if it had been made under subsection (1) until replaced under that subsection. Compare: 1967 No 151 s 10(4) Section 91S: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). 91T Regulations (1) The Governor-General may from time to time, by Order in Council,— (a) prescribe any advance payments for compensation that carriers must make to natural persons under Article 28 of the Montreal Convention: (b) prescribe any arrangements for making advance payments for compensation that carriers must make to natural persons under Article 28 of the Montreal Convention: (c) amend Schedule 6 by making such amendments to the text of the Montreal Convention set out in that schedule as are required to bring that text up to date: (d) revoke Schedule 6, and substitute a new schedule setting out, in an up-to-date form, the text of the Montreal Convention. (2) An order made under subsection (1) is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act. (3) The Governor-General may from time to time, by Order in Council, make regulations providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration. Section 91T: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). Section 91T(1)(a): substituted, on 4 November 2003, by section 36 of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91T(1)(b): substituted, on 4 November 2003, by section 36 of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91T(1)(c): substituted, on 4 November 2003, by section 36 of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91T(1)(d): substituted, on 4 November 2003, by section 36 of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91T(2): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119). Part 9B Domestic carriage by air Part 9B: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8). 91U Interpretation (1) In this Part, unless the context otherwise requires,— actual carrier means a person, other than the contracting carrier, who— (a) performs the whole or part of the carriage contracted for by the contracting carrier with the authority of the contracting carrier; but (b) is not, in relation to that carriage, a successive carrier aeroplane means a power-driven heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces that remain fixed under given conditions of flight carrier includes a contracting carrier and an actual carrier contract includes an arrangement made without consideration contracting carrier— (a) means a person who, as a principal, makes a contract for carriage with a passenger, or with a person acting on behalf of the passenger; and (b) includes a successive carrier international carriage, in relation to carriage by air, means carriage in which, according to the contract between the parties, the place of departure and the place of destination, whether or not there is a break in the carriage or a transhipment, are— (a) within the territories of 2 countries; or (b) within the territory of a single country if there is an agreed stopping place within the territory of another country passenger means a person carried under a contract for carriage other than a person— (a) assigned by the carrier for duty as a member of the crew of the aeroplane; or (b) carried for the sole purpose of receiving or giving instruction in the control or navigation of an aeroplane in flight successive carrier means a person who performs part of the carriage if the carriage— (a) is performed by 2 or more persons in successive stages; and (b) has been regarded by the parties as a single operation, whether it has been agreed on by a single contract or by 2 or more contracts. (2) If any question arises as to whether or not an actual carrier has authority from a contracting carrier to perform any carriage, that authority is, in the absence of proof to the contrary, to be presumed. Compare: 1967 No 151 s 18 Section 91U: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8). 91V Application of this Part (1) This Part applies to any carriage by air (other than international carriage) in which, according to the contract between the parties,— (a) the place of departure and the place of destination are both in New Zealand; and (b) there is no agreed stopping place outside New Zealand. (2) Subsection (1) applies even if— (a) the aeroplane in which the carriage takes place is at the same time engaged in international carriage; or (b) the contract for the carriage of any passenger is made without consideration. (3) This section applies subject to section 91W. Compare: 1967 No 151 s 19(1) Section 91V: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8). 91W Exclusions (1) This Part does not apply to any carriage by air by an aeroplane while it is being used solely for military purposes by the Armed Forces. (2) This Part does not apply to any carriage by air on a single flight in respect of which, according to the contract between the parties, the place of departure and the intended place of destination are the same. Compare: 1967 No 151 s 19(3), (4) Section 91W: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8). 91X Provisions if carriage performed by actual carrier (1) If the whole or any part of any carriage to which this Part applies is performed by an actual carrier,— (a) both the contracting carrier and the actual carrier are subject to any liability imposed by this Part as follows: (i) the contracting carrier is liable in respect of the whole of the carriage contemplated in the contract between the contracting carrier and the passenger; and (ii) the actual carrier is liable solely in respect of the carriage that the actual carrier performs: (b) the acts and omissions of the actual carrier, and of the actual carrier’s servants and agents acting within the scope of their employment, must, in relation to the carriage performed by the actual carrier, be treated as also those of the contracting carrier: (c) the acts and omissions of the contracting carrier, and of the contracting carrier’s servants and agents acting within the scope of their employment, must, in relation to the carriage performed by the actual carrier, betreated as also those of the actual carrier: |
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