新西兰民航法 New Zealand Civil Aviation Act 1990

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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(b) the tortfeasor from whom contribution is sought is the carrier, or a servant or agent of the carrier.
(2) Proceedings to which subsection (1) applies may not be brought by a tortfeasor to obtain a contribution from another tortfeasor after 2 years from the time when judgment is obtained against the tortfeasor seeking to obtain the contribution.
(3) This Part does not affect proceedings brought against any tort-feasor (other than the carrier or its servant or agent).
Compare: 1967 No 151 s 36
Section 91ZJ: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8).
91ZK Relationship between carriers This Part does not—
(a) prevent a carrier from entering into special contractual arrangements with another carrier; or
(b) affect the rights and obligations of the carriers between themselves.
Compare: 1967 No 151 s 37
Section 91ZK: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8).
91ZL Limitation of actions
(1) An action may not be brought under this Part against a carrier, or a servant or agent of a carrier acting within the scope of his or her employment, after 2 years from the later of the following dates:
(a) the date of the arrival of the aeroplane at the destination; or
(b) if the aeroplane did not arrive at the destination,—
(i) the date on which the aeroplane ought to have arrived at the destination; or
(ii) the date on which the carriage stopped.
(2) Despite subsection (1), application may be made to the court, after giving notice to the intended defendant, for leave to bring an action at any time within 6 years after the date on which the cause of action accrued as provided in subsection (1).
(3) On application under subsection (2), the court may grant leave accordingly if it considers that it is just to do so and if it considers that—
(a) the delay in bringing the action was caused by—
(i) mistake of fact; or
(ii) mistake of any matter of law other than the provisions of this subsection; or
(iii) any other reasonable cause; or
(b) the intended defendant was not materially prejudiced in the defendant’s defence or otherwise by the delay.
(4) If the court grants leave under subsection (3), that leave may be subject to such conditions (if any) that the court thinks just to impose.
(5) This section applies subject to the special provisions relating to tortfeasors in section 9 1ZJ.
Compare: 1967 No 151 s 39
Section 91ZL: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8).
91ZM Combined carriage
If a contract of carriage made with an air carrier provides for the carriage to be performed partly by air and partly by a mode of carriage other than by air, this Part applies only to the carriage by air.
Compare: 1967 No 151 s 40
Section 91ZM: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8).
Part 10
Aerodromes, facilities, and joint venture airports
92 Definition of joint venture airport
In this Part, the expression joint venture airport means an aerodrome or airport that is established, maintained, operated, or managed as a joint venture by and between the Crown and an Airport Authority under this Act and the Airport Authorities Act 1966.
Compare: 1964 No 68 s 13B(1); 1971 No 22 s 3
93 Powers of Minister in respect of aerodromes and facilities
(1) The Minister may for the purposes of civil aviation establish, maintain, and operate aerodromes and services and facilities in connection with the operation of any aerodrome or with the operation of aircraft engaged in civil aviation.
(2) All works undertaken under the authority of this section shall be public works within the meaning of the Public Works Act 1981.
(3) Subject to the provisions of this Act, the Minister may do all that is necessary, convenient, or incidental to the establishment, maintenance, and operation of any aerodrome under his or her complete or partial control or of any services or facilities in connection with the operation of any such aerodrome in all respects as if the operation of the aerodrome or of the services or facilities were a commercial undertaking, and, in particular, may himself or herself carry out any work or undertaking in respect of which he or she is authorised to enter into any agreement under section 94.
(4) Any power given to the Minister under this Act in respect of any aerodrome or any facilities in connection with any aerodrome may be exercised by him or her whether or not the aerodrome or the facilities had been established by him or her under this Act.
(5) The powers conferred by this section are in addition to and not in derogation of any powers conferred by any other enactment and nothing in this section shall be construed to limit or affect the powers conferred on any person or authority by any other enactment.
(6) The Minister shall not take over the operation of any aerodrome that is owned or operated by any person other than the Crown, except by agreement with the owner or operator.
Compare: 1964 No 68 ss 11, 12(1), (2)
94 Joint ventures
(1) The Minister and any 1 or more local authorities, bodies, or persons may from time to time enter into and carry out such agreements for the execution, control, operation, or management of any work or undertaking authorisedby this Act as may to them seem most suited to the circumstances.
(2) Any agreement entered into under subsection (1) may provide for all or any of the following:
(a) for the establishment, maintenance, or operation of any aerodrome or services and facilities in connection with the operation of the aerodrome as a joint venture between the Minister and any other party or parties to the agreement:
(b) for the vesting of aerodrome buildings and facilities in trust for aerodrome purposes in any authority, body, or person approved by the Minister in that behalf:
(c) for the exchange, leasing, or subleasing of land or buildings vested in the Crown for the purposes of this Act and not immediately required for those purposes:
(d) for the transfer of the management of any aerodrome under the control of the Minister, or of any facilities connected with the operation of any such aerodrome, from the Minister to any other party or parties to the agreement at such times and subject to such terms and conditions as may be agreed upon:
(e) for the transfer to the Minister of the control, management, or operation of any aerodrome, or any facilities in connection with the operation of any aerodrome, under the control of any authority, body, or person, and for the vesting in or leasing to the Minister of any real or personal property necessary for the purpose of any such transfer:
(f) for the control of access to aerodromes by any persons or aircraft and for the prohibition or control of the use of aerodromes for any purpose not related to civil aviation:
(g) for the establishment, maintenance, management, and operation at any aerodrome of refreshment rooms, bookstalls, booking offices, travel agencies, and such other facilities as may be considered necessary or convenient for the operation of the aerodrome or for the convenience of persons using the aerodrome:
(h) for contributions by parties to the agreement in respect of the cost of any work or undertaking to which the agreement relates:
(i) for the apportionment or allocation between parties to the agreement of the cost of any work or undertaking to which the agreement relates:
(j) for the payment of grants or subsidies or the making of advances to any party to the agreement in respect of any work or undertaking to which the agreement relates:

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