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. (ii), (iii), (iv), (v), (vi), or (vii) have availed themselves of the Additional Protocol, which appears before the Additional Provisions of the Hague Protocol affecting the Warsaw Convention in the amended Convention, as set out in Schedule 4. (2) An Order in Council under this section is, except in so far as it has been superseded by a subsequent order, sufficient evidence of the matters so certified. (3) An Order in Council under this section may contain such transitional and other consequential provisions as the Governor-General considers to be desirable. (4) An Order in Council under this section certifying who are the High Contracting Parties to the amended Convention or the Parties to the Guadalajara Convention or the Parties to the Hague Protocol or the Parties to Additional Protocol No 1 or No 2 or to Protocol No 4 or the High Contracting Parties to the Warsaw Convention or the Parties to the Montreal Convention, must specify the date on and from which any such Party became or ceased to be a Party. Compare: 1967 No 151 s 8(1), (3), (4), (5) Section 91K: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). Section 91K(1)(a)(viii): added, on 4 November 2003, by section 33(1) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91K(1)(b): amended, on 4 November 2003, by section 33(2) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91K(4): amended, on 4 November 2003, by section 33(3) of the Civil Aviation Amendment Act 2002 (2002 No 15). 91L Article 40A of amended Convention (1) Paragraph (2) of Article 40A of the amended Convention does not extend references in the amended Convention to the territory of a High Contracting Party to include any territory in respect of which that High Contracting Party is not a Party. (2) Subsection (1) does not apply to references in the amended Convention to the territory of any State, whether a High Contracting Party or not. Compare: 1967 No 151 s 8(2) Section 91L: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). 91M Power to exclude aircraft in use for military purposes (1) The Governor-General may from time to time, by Order in Council, direct that subsection (2) applies or ceases to apply to New Zealand or any other State specified in the order. (2) The Montreal Convention or the amended Convention do not apply to the carriage of persons, cargo, and baggage for the military authorities of a State to which this subsection applies in aircraft registered in that State if the whole capacity of the aircraft has been reserved by, or on behalf of, those authorities. Compare: 1967 No 151 s 13 Section 91M: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). Section 91M(2): amended, on 4 November 2003, by section 34 of the Civil Aviation Amendment Act 2002 (2002 No 15). Transitional provisions Heading: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). 91N Occurrences before commencement of this Part This Part does not apply so as to affect rights or liabilities arising out of an occurrence before the commencement of this Part. Compare: 1967 No 151 s 15(1) Section 91N: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). 91O High Contracting Parties not Party to Hague Protocol (1) Subsection (2) applies where, by reason of the fact that any High Contracting Party to the Warsaw Convention is not a Party to the Hague Protocol, the amended Convention is not applicable to any carriage by air. (2) If this subsection applies, the law applicable to any carriage by air is the law which would have been applicable if the Carriage by Air Act 1940 (as it read immediately before its repeal) had continued in force. (3) Despite subsection (2), if the Guadalajara Convention applies to carriage by air where that subsection applies, the applicable law includes the provisions of that Convention which have the force of law in New Zealand under section 91 C. (4) For the purposes of subsections (2) and (3), section 3 of the Carriage by Air Act 1940 applies as if the reference to the provisions of Article 28 of the Warsaw Convention included a reference to Article VIII of the Guadalajara Convention. (5) Despite subsection (2), if Additional Protocol No 1 applies to carriage by air where that subsection applies, the applicable law includes— (a) the provisions of Article 22 of the Warsaw Convention as substituted by Additional Protocol No 1; and (b) the provisions of section 9 1H. Compare: 1967 No 151 s 15(2), (3) Section 91O: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). 91P High Contracting Parties not Party to Montreal Protocols (1) Subsection (2) applies where, by reason of the fact that any High Contracting Party or Party, as the case may be, to the Warsaw Convention and the Hague Protocol is not a Party to any of Additional Protocols Nos 1 and 2 and Protocol No 4, the amended Convention is not applicable to any carriage by air. (2) If this subsection applies, the law applicable to any carriage by air is the law which would have been applicable if Part 1 and Schedules 1 and 2 of the Carriage by Air Act 1967 (as they read immediately before their repeal) had continued in force. Section 91P: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). 91Q High Contracting Parties not Party to Protocol No 4 (1) Subsection (2) applies where, by reason of the fact that any High Contracting Party or Party, as the case may be, to the Warsaw Convention and the Hague Protocol is a Party to Additional Protocol No 2 but not Protocol No 4, Protocol No 4 is not applicable to any carriage by air. (2) If this subsection applies, the law applicable to any carriage by air is the law which would have been applicable if the amended Convention had not included the amendments inserted by Protocol No 4. Section 91Q: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). 91R High Contracting Parties not Party to Protocol No 2 (1) Subsection (2) applies where, by reason of the fact that any High Contracting Party or Party, as the case may be, to the Warsaw Convention and the Hague Protocol is a Party to Protocol No 4 but not Additional Protocol No 2, Additional Protocol No 2 is not applicable to any carriage by air. (2) If this subsection applies, the law applicable to any carriage by air is the law which would have been applicable if the amended Convention had not included the amendments inserted by Protocol No 2. Section 91R: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). 91RA High Contracting Party or Party not Party to Montreal Convention (1) Subsection (2) applies if, by reason of the fact that any High Contracting Party or Party, as the case may be, is not a party to the Montreal Convention, the Montreal Convention does not apply. (2) If this subsection applies and the High Contracting Party or Party referred to in subsection (1) is a party to the Warsaw Convention or to the Hague Protocol or to Additional Protocol No 1 or Additional Protocol No 2 or to Protocol 4, the law applicable to any carriage by air is the law referred to in whichever of the following sections that is applicable to that High Contracting Party or Party: (a) sections 9 1A to 9 1M (as they read immediately before the commencement of sections 25 to 37 of the Civil Aviation Amendment Act 2002); or (b) section 91O; or (c) section 91P; or (d) section 91Q; or (e) section 9 1R. |
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