时间：2015-01-01 10:26来源：蓝天飞行翻译公司 作者：民航翻译 点击：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. (2) The Minister may from time to time specifically authorise all or any provisions of a contract, arrangement, or understanding made between 2 or more persons in respect of international carriage by air and related to such carriage so far as the provisions relate, whether directly or indirectly, to the fixing of tariffs, the application of tariffs, or the fixing of capacity, or any combination thereof. (3) In considering whether to grant authorisation under subsection (2), the Minister shall ensure that the granting of such authorisation will not prejudice compliance with any relevant international convention, agreement, or arrangement to which the Government of New Zealand is a party. (4) Subject to subsection (5), authorisation shall not be given under this section to any provision of any contract, arrangement, or understanding that— (a) provides that any party to it may directly or indirectly enforce it through any form of action by way of fines or market pressures against any person, whether or not that person is a party to the contract, arrangement, or understanding; or (b) has the purpose or effect of breaching the terms of a commission regime issued under section 89; or (c) unjustifiably discriminates between consumers of international air services in the access they have to competitive tariffs; or (d) so far as it relates to tariffs, has the effect of excluding any supplier of international carriage by air from participating in the market to which it relates; or (e) has the purpose or effect of preventing any party from seeking approval, in terms of section 90, for the purpose of selling international carriage by air at any other tariff so approved; or (f) prevents any party from withdrawing without penalty on reasonable notice from the contract, arrangement, or understanding. (5) Notwithstanding the provisions of subsection (4), the Minister may authorise any provision of any contract, arrangement, or understanding under this section if the Minister believes that to decline authorisation would have an undesirable effect on international comity between New Zealand and any other State. (6) If the Minister declines to authorise any provision of any contract, arrangement, or understanding under this section, the Minister shall give notice in the Gazette that authorisation has been declined. Compare: 1964 No 68 s 29A; 1982 No 175 s 2(1); 1987 No 12 s 2(1) 89 Minister may issue commission regimes The Minister may from time to time, by notice in the Gazette,— (a) issue commission regimes; and (b) amend or revoke any commission regime so issued. Compare: 1964 No 68 s 29B; 1987 No 12 s 2(1) 90 Authorisation of tariffs by Minister (1) The Minister may from time to time specially authorise any tariff in respect of international carriage by air where the relevant places of departure and destination are within the territories of 2 countries, one of which is New Zealand, whether or not there is to be a break in the carriage or a transhipment. (2) In giving authorisation under this section the Minister shall have regard to— (a) whether the proposed tariff is excessive in terms of a reasonable return on investment by the supplier of the carriage; and (b) whether it is likely that supply of the relevant carriage can be carried on for a reasonable period at the level of tariff proposed; and (c) whether there is likely to be a substantial degree of benefit accruing to consumers generally, or to a significant group of consumers, as a result of the application of the proposed tariff,— and shall ensure that the granting of such authorisation will not prejudice compliance with any international convention, agreement, or arrangement to which the Government of New Zealand is a party. Compare: 1964 No 68 s 29C; 1987 No 12 s 2(1) 91 Application of Commerce Act 1986 (1) Nothing in sections 27 to 29 of the Commerce Act 1986 shall apply to or in respect of— (a) the negotiation or conclusion of any contract, arrangement, or understanding so far as it contains a provision relating to international carriage by air, so long as that provision is not given effect to before its authorisation under section 88; or (b) any provision of a contract, arrangement, or understanding relating to international carriage by air so long as it is not given effect to before its authorisation under section 88. (2) Every authorisation by the Minister under section 88 or section 90 and every issue or amendment of a commission regime under section 89 is hereby declared to be a specific authorisation by an enactment for the purposes of section 43 of the Commerce Act 1986. Compare: 1964 No 68 s 29D; 1987 No 12 s 2(1) Part 9A International carriage by air Part 9A: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). 91A Interpretation In this Part, unless the context otherwise requires,— Additional Protocol No 1 means Additional Protocol No 1 to amend the Warsaw Convention which was opened for signature at Montreal on 25 September 1975 Additional Protocol No 2 means Additional Protocol No 2 to amend the Warsaw Convention and the Hague Protocol which was opened for signature at Montreal on 25 September 1975 the amended Convention means the Convention, the English text of which is set out in Schedule 4, being the Warsaw Convention as amended by the following protocols: (a) the Hague Protocol: (b) Additional Protocols Nos 1 and 2, and Protocol No 4 court, in relation to an arbitration allowed by the Montreal Convention, the amended Convention, or the Guadalajara Convention, includes an arbitrator the Guadalajara Convention means the Convention, the English text of which is set out in Schedule 5, being a Convention, supplementary to the Warsaw Convention, for the unification of certain rules relating to international carriage by air performed by a person other than the contracting carrier, which opened for signature at Guadalajara on 18 September 1961 the Hague Protocol means the Protocol opened for signature at the Hague on 28 September 1955 High Contracting Party has the same meaning as in Article 40A of the amended Convention Montreal Convention means the Convention, the English text of which is set out in Schedule 6, for the unification of certain rules for international carriage by air done at Montreal on 28 May 1999 Protocol No 4 means Protocol No 4 to amend the Warsaw Convention and the Hague Protocol which was opened for signature at Montreal on 25 September 1975 the Warsaw Convention means the Convention for the unification of certain rules relating to international carriage by air, which opened for signature at Warsaw on 12 October 1929; and includes the Additional Protocol to that Convention. Compare: 1967 No 151 s5; 1990 No 102s2 Section 91A: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). Section 91A court: substituted, on 4 November 2003, by section 25(1) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91A Montreal Convention: inserted, on 4 November 2003, by section 25(2) of the Civil Aviation Amendment Act 2002 (2002 No 15). 91B Application of Guadalajara Convention In this Part, references to the amended Convention or to any Article of that Convention are, where applicable and subject to any necessary modifications, to be read as references to that Convention or Article as supplemented by the Guadalajara Convention. Compare: 1967 No 151 s 6 Section 91B: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). 91C Conventions to have force of law (1) The provisions of the Montreal Convention, the amended Convention and the Guadalajara Convention have the force of law in New Zealand in relation to any carriage by air to which the Montreal Convention, the amended Convention or the Guadalajara Convention, as the case may require, applies. |
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