Aviation By-laws




MAR. 20]

(d) Dangerous articles, arms, munitions, explosives, corrosives,
and articles which may be easily ignited; articles or
things which are offensive or evil smelling; and all
articles of a character likely to inconvenience passengers
or which are or may be dangerous to the aircraft, its
crew, and passengers, and to any goods carried therein.
(e) Any passenger wishing to carry any arms and ammunition
for hunting or sporting purposes may be given permission
so to do provided that such arms are unloaded and
dismantled as much as possible and carried in a case,
and that such arms and ammunition are packed in such
a manner as to cause no danger to the aircraft, its crew,
and passengers, or to any goods carried thereon.

(2) Any passenger committing a breach of this by-law may,
in the discretion of the pilot in charge or any authorized officer
of the Corporation, be refused carriage or may be off-loaded at any
convenient point in the course of the journey.

Carriage of Baggage

  1. Baggage will be carried by the Corporation upon and
    subject to the following conditions :—

(1) The following property is excluded from carriage as
baggage :—

(a) Articles which, owing to their dimensions, their weight,
or their character are, in the opinion of the Corporation,
unsuitable for carriage as baggage in aircraft :
(b) Goods (merchandise).

(2) Baggage, other than baggage which the passenger is
permitted by an authorized officer to retain during trip, shall be
handed over at the booking-office or airport, and the Corporation
will furnish the passenger with a baggage check therefor.
(3) If any contravention of the Corporation’s by-laws as to
the carriage of baggage is suspected the Corporation may verify
if the contents of the baggage comply with these by-laws. The
bearer of the baggage check will be called upon to assist at such
verification. If he does not attend, or if he cannot be found,
verification will be effected by an authorized officer of the Corporation
in his absence. If a contravention is proved the cost of
verification shall be paid by the bearer of the baggage check.
(4) Delivery of the baggage will be made to the bearer of the
baggage check against delivery of the baggage check. The Corporation
shall not be bound to verify if the bearer of the check
is entitled to take delivery.
(5) Failing presentation of the baggage check the Corporation
shall be only bound to deliver the baggage if the claimant establishes
his right. If such right appears to be insufficiently established the
Corporation may require security to be given as a condition of the
release of the baggage.
(6) The receipt without complaint of baggage by the bearer
of the baggage check or other party entitled shall be prima facie
evidence that the baggage has been delivered in good order and
condition and in accordance with the contract of carriage.
(7) In case of loss of contents or damage to baggage the
passenger or person presenting the baggage check shall lodge a
complaint to the Corporation immediately after discovery of the
damage, and no complaint will be entertained by the Corporation
if made more than twenty-four (24) hours from the time of receipt
of the baggage.
(8) Baggage will be carried when possible in the same aircraft
as the passenger if the load of the aircraft permits, but the Corporation
shall be under no obligation in this respect and may
forward baggage by any other aircraft.

Cancellations and Refunds

  1. (1) If any passenger holding a reservation does not arrive
    (or arrives too late to permit the necessary formalities being
    completed in time) for the aircraft for which he holds such
    reservation, the reservation shall lapse and the ticket shall become
    invalid, and the passenger shall not be entitled to any refund in
    respect thereof, but the Corporation upon application in that
    behalf may, in its discretion, having regard to all the circumstances
    of the case, refund any fare in whole or in part and upon and
    subject to such conditions as it may impose.
    (2) If any reservation is cancelled and the Corporation is
    notified not less than twenty-four (24) hours before the scheduled
    time of departure the fare, less ten (10) per centum for cancellation
    and incidental charges, will upon surrender of the ticket be refunded
    or, at the option of the applicant, applied towards the purchase of
    a new ticket.
    (3) If any reservation is cancelled less than twenty-four (24)
    hours before the scheduled time of departure the ticket shall become
    invalid, and the passenger shall not be entitled to any refund in
    respect thereof, but the Corporation may, on application in that
    behalf in its discretion, apply the provisions of subclause (1) of this
    by-law to any such application.
    (4) If any flight is cancelled by the Corporation by reason of
    weather or any other condition, or if any aircraft returns to the
    airport of departure without having made a landing on the flight,
    the passenger shall be entitled to repayment of the whole of the
    fare. If any flight is partially cancelled and the passenger is not
    carried to his destination by other transportation at the Corporation's expense he shall be entitled to repayment of the fare for the
    non-completed portion thereof.
    (5) Any application for refund of fare shall be lodged within
    four (4) weeks from the named date of travel or prior to the expiry
    date of the ticket (whichever may be the earlier) at the booking-office which issued the ticket. Any application out of time will
    not be considered by the Corporation.

D

Breaks in Journey and Stop-overs

  1. Any passenger wishing to stop over at any intermediate
    airport shall notify the Corporation and make arrangements in that
    behalf at the time of booking, and shall obtain separate reservations
    and separate tickets for the different stages of the journey.
    The unused portion of the ticket of any passenger who for his
    own convenience breaks a through journey without having made
    the aforesaid arrangements shall become invalid, and the passenger
    shall not be entitled to any refund in respect thereof, but the
    Corporation may, on application in that behalf in its discretion,
    apply the provisions of subclause (1) of By-law No. 26 to any such
    application.

Time-tables

  1. The hours stated on any ticket or on any time-table or
    notice issued by the Corporation for the departure or arrival of the
    Corporation's aircraft from or at any specified place are appointed
    as the times that it is intended that so far as circumstances shall
    permit the aircraft shall depart from or arrive at such place, but
    such departure or arrival at the time stated is not guaranteed, and
    the Corporation shall not be under any liability or other responsibility
    for any delay, detention, or other loss or injury whatsoever
    which may arise therefrom.

Seats

  1. Allotments of specified seats on the aircraft will be made,
    but the first pilot in charge of the aircraft or any authorized officer
    of the Corporation in his discretion may at any time prior to or
    during flight require any passenger or passengers to exchange seats.

Off-loading

  1. (1) The pilot in charge of any aircraft or any authorized
    officer of the Corporation may refuse to allow any person whom
    he shall consider to be an undesirable passenger to emplane, or
    may require any such person having already emplaned to deplane
    at any time prior to or at any stage of the trip and notwithstanding
    that such person may be the holder of a ticket.
    (2) The fare or the unused portion thereof of any such passenger
    shall be refunded by the Corporation, unless in the opinion of the
    pilot in charge or the authorized officer such passenger was under
    the influence of alcohol or self-administered drugs, or by his own
    misconduct in any respect had made himself an undersirable person
    to carry in the aircraft; and in such event the ticket of such passenger
    shall become invalid and the fare be forfeit to the Corporation.
    (3) Except as provided in this by-law the Corporation shall
    be under no liability to any passenger for any expenses or loss
    whatsoever caused or occasioned to such passenger by his being so
    refused permission to emplane or being so deplaned.

Passengers proceeding independently to Airport

  1. Passengers holding reservations who do not avail themselves
    of the transport provided by the Corporation shall arrive
    at the airport of departure not less than fifteen (15) minutes before
    the scheduled time of departure of the aircraft by which they intend
    to travel.
    Any passenger holding a reservation and arriving at the airport
    of departure less than fifteen (15) minutes before the scheduled
    time of departure may be refused his carriage, and in such event
    the ticket of such passenger will become invalid and the passenger
    shall not be entitled to any refund in respect thereof, but the
    Corporation may, on application in that behalf in its discretion,
    apply the provisions of subclause (1) of By-law No. 26 to any such
    application.

PART IV
LIMITATION OF LIABILITY IN RESPECT OF PASSENGER'S BAGGAGE

  1. (a) The Corporation shall be liable in respect of checked
    baggage to the same extent and subject to the same conditions,
    limitations, exceptions, and provisos as apply to the "Carriage
    of Goods," as set out in By-law No. 16, relating to the carriage of
    goods by air.
    (b) The Corporation shall be liable in respect of baggage or
    other articles (including currency) of which the passenger shall
    himself retain charge to the same extent and subject to the same
    conditions, limitations, exceptions, and provisos as apply to the
    "Carriage of Goods," as set out in By-law No. 16, relating to the
    carriage of goods by air, except that in lieu of the limitation therein
    provided the liability of the Corporation shall be limited in respect
    of all such baggage or other articles (including currency) to the sum
    of fifty pounds (£50) New Zealand currency for and in respect of
    each such passenger.

EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE ARISING FROM
DELAYS AND DETENTIONS

  1. (a) Forced Landings.—The Corporation shall not be liable
    for any claim in respect of loss or delay to or detention of any
    passenger arising out of or connected with any forced landing or
    other landing made in the course of the trip, and whether the trip
    is continued or abandoned, and whether or not the passenger is
    obliged to proceed to his destination independently of the
    Corporation.
    (b) Emergency Conditions.—The Corporation shall not be
    liable for any claim in respect of loss, delay, to or detention of any
    passenger caused or occasioned directly or indirectly by compliance
    or non-compliance with orders or directions howsoever given by
    His Majesty's Government (which expression shall include the
    Government of any British Dominion, Colony, or Dependency),
    or any Department of State, or any person acting or purporting to


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VUW Te Waharoa PDF NZ Gazette 1947, No 15


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🚂 New Zealand National Airways Corporation By-laws Schedule (continued from previous page)

🚂 Transport & Communications
By-laws, Aviation, Regulations, Goods Carriage, Passenger Carriage, Baggage Allowance, Dangerous Goods, Flight Cancellations, Refunds, Liability