Civil Aviation Amendment Act (No 2) 2004

11 Limitation of liability
  • (1) Section 91G(2) of the principal Act is amended by omitting the words Articles 21 and 22 in both places where they occur, and substituting in each case the words Article 21 or Article 22.

    (2) Section 91G of the principal Act is amended by repealing subsection (3), and substituting the following subsection:

    • (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.