Proposed amendments
Ricardo Menéndez March, in Committee, to move the following amendments:
Clause 5
In clause 5, definition of actual carrier, replace “subpart 3”
(page 23, line 12), with “subparts 3 and 4”
.
In clause 5, definition of carrier, replace “subpart 3”
(page 27, line 18), with “subparts 3 and 4”
.
In clause 5, definition of successive carrier, replace “subpart 3”
(page 34, line 10), with “subparts 3 and 4”
.
Clause 275
In clause 275(3), after “carrier under”
(page 178, line 6), insert “the code of passenger rights provided for in subpart 4 of this Part, or”
.
New subpart 4 of Part 8
After clause 284 (page 180, after line 33), insert:
Subpart 4—Code of passenger rights
284A Code of passenger rights
(1)
The Minister must issue a code of passenger rights that sets out the minimum rights to assistance, refunds, and compensation of passengers in the event of denied boarding, cancellation, or long delay of flights.
(2)
Before issuing a code of passenger rights, the Minister must consult—
(b)
any persons that the Minister reasonably considers to be representative of New Zealand airlines that offer air transport services to passengers; and
(c)
any persons that the Minister reasonably considers to be representative of consumers of air transport services as passengers.
(3)
The Minister must issue the code of passenger rights within 1 year of the commencement of this section.
(4)
A code issued under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(5)
In this section and section 284B—
assistance includes:
(a)
the provision of meals and refreshments:
(b)
assistance with telephone calls and other communications:
(c)
payment for or arrangement of overnight accommodation:
(d)
assistance with transport to and from the airport
cancellation means the non-operation of a flight which was previously planned and on which at least one place was reserved
denied boarding means a refusal to carry passengers on a flight who have presented themselves for boarding, except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation.
284B Content of code
(1)
The code of passenger rights must contain provisions relating to all of the following matters:
(a)
how and when a carrier may deny a passenger boarding on a flight:
(b)
a carrier’s obligations to offer assistance, refunds, and pay compensation in the event that a passenger has been denied boarding on a flight:
(c)
a carrier’s obligations to offer assistance, refunds, and pay compensation in the event that a flight is cancelled:
(d)
a carrier’s obligations to passengers affected by a delay to a flight, including—
(i)
when a passenger becomes entitled to a full or partial refund of their original ticket; and
(ii)
what assistance and compensation a carrier must provide to passengers during a delay; and
(iii)
when and on what basis a passenger may be provided with alternative travel arrangements:
(e)
a carrier’s obligations to provide compensation when travel is offered to a passenger on less favourable terms to those agreed at point of purchase of the travel:
(f)
obligations to inform passengers of their rights under the code.
(2)
The Code may contain any other matters the Minister considers appropriate.
(3)
The code may specify different obligations based on:
(a)
the length of the relevant flight:
(b)
the length of delay (if any):
(c)
the availability or practicality of alternative travel services to passengers.
284C Application of code
(1)
The code of passenger rights applies to the following passengers:
(a)
passengers departing from an airport located within New Zealand:
(b)
passengers departing from an airport located in another country to an airport located in New Zealand.
(2)
The code of passenger rights applies to those passengers if they—
(a)
have a confirmed reservation on the flight concerned and have presented themselves for check-in at the time specified by the carrier (whether they have completed check in at that time or not); or
(b)
have been transferred by a carrier from the flight for which they held a reservation to another flight, irrespective of the reason.
(3)
However, the code of passenger rights does not apply to passengers who are entitled to assistance, refunds, or compensation under the laws of another jurisdiction.
284D Enforcement of code
(1)
Any person adversely affected by a failure to comply with the code may apply to a court for relief and subparts 2 and 3 of this Part apply accordingly.
(2)
In this section, court includes the Disputes Tribunal.
284E Review of code
The Minister must ensure that a complete review of the code is carried out at intervals of not more than 3 years.
Clause 411
After clause 411(2) (page 237, after line 11), insert:
(2A)
Regulations made under subsection (1)(a)(iv) may be additional to, but not inconsistent with, a carrier’s obligations to inform passengers of their rights under the code of passenger rights made under section 284B.