3042
THE NEW ZEALAND GAZETTE
No. 146

(b) That carriage is paid for by a government bill of lading drawn
in favour of that approved agent; or
(c) That carriage was arranged by an approved general cargo agent
and paid for directly to a carrier.

10. Payments pursuant to interline agreements.—(1) Subject to the
    provisions of this notice, any carrier may pay to any other carrier,
    in respect of carriage on the services of that first-mentioned carrier
    arranged by that other carrier, a commission of not more than 5
    percent of the lawful charge for that carriage.
    (2) No commission shall be paid under subclause (1) of this
    clause—
    (a) Unless—
    (i) The lawful charge for the carriage concerned; or
    (ii) That charge reduced by the amount of that
    commission,—
    has been paid to the carrier on whose services the carriage
    is arranged:
    (b) On any sum refunded in respect of cancelled or unused carriage.
    (3) In subclause (4) of this clause,—
    “Carrier agent”, in relation to any carrier, means an approved
    general cargo agent of that carrier that is also a carrier.
    “Maximum commission”, in relation to any carriage on the
    services of a carrier arranged by a carrier agent, means the
    greater of the following amounts:
    (a) The commission payable by that carrier to that agent
    in respect of the arrangement of that carriage, under clause
    4 of this notice:
    (b) The greatest commission payable by that carrier to
    that agent in respect of the arrangement of that carriage,
    under subclause (1) of this clause.
    (4) No carrier shall pay to any carrier agent in respect of the
    arrangement of any carriage on the services of that carrier any
    commissions under—
    (a) Clause 4 of this notice; or
    (b) Subclause (1) of this clause—
    that together exceed the maximum commission.

11. Beneficial services, fees, charges, etc.—(1) To the extent that
    the doing of any of the following things may constitute paying a
    commission, a principal may pay any such commission:
    (a) Furnish to any approved cargo agent any display, advertising
    support material, or promotional literature, relating to
    carriage or to related services, of a kind used by the
    principal for its own purposes:
    (b) Advertise, at normal commercial rates, in any trade journal
    published by approved cargo agents or any approved cargo
    agent:
    (c) Pay not more than half the cost to an approved cargo agent
    of any standard telephone link between that agent and the
    principal:
    (d) Provide any manual, or other instructions or guidance, to assist
    an approved cargo agent in his or its business:
    (e) Provide or arrange reasonable entertainment for any approved
    cargo agent:
    (f) In accordance with local custom, make any gift of
    congratulation or condolence to an approved cargo agent:

(g) Assist any approved general cargo agent in the performance
of his or its cargo sales and service functions.
(2) Without limiting the generality of paragraph (g) of subclause
(1) of this clause, assistance to any agent under that paragraph may
include—
(a) The provision of or assistance with any promotional or
advertising campaign:
(b) The bearing of any extraordinary or exceptional expenses
connected with such a campaign:
(c) The reimbursement to the agent of any expenditure that was—
(i) Of a kind normally passed on to principals; or
(ii) Of an exceptional nature, and requested or authorised
by the principal.

12. Payments by carriers to officers, employees, etc.—Any carrier
    may pay to any person who is a director, officer, or full-time
    employee of that carrier, any commission it thinks fit in relation
    to carriage arranged or sold by that person.

13. Payments in respect of subcontracted functions of carriers—
    Where any person has agreed with any carrier to perform on behalf
    of that carrier a function of a kind normally performed by carriers
    and not by approved agents, that carrier may pay to that person in
    respect of the performance of that function any commission it thinks
    fit.

14. Retrospective payments—After the entry of the name of any
    person or the address of any location on approved cargo agents’
    names and locations list, there may be paid to any person any
    commission that might have been paid to that person under this
    notice if that entry had been made as soon as it was applied for.

Dated at Wellington this 8th day of September 1983.

GEORGE F. GAIR,
Minister of Civil Aviation and Meteorological Services.

EXPLANATORY NOTE

This note is not part of the notice, but is intended to indicate its
general effect.

This notice contains, in an amended form, those provisions of
the Civil Aviation (Agents’ Commission Regime) Notice 1983 that
related to the international carriage by air of cargo. A separate notice,
revoking that notice, has been promulgated relating to the
international carriage by air of passengers and their baggage.
The amendments have 2 effects, first, some drafting simplifications
have been made possible by the splitting of the original notice; and
some other drafting amendments have been made. Secondly, clauses
4 and 5 have been expanded (in relation to the equivalent provisions
of the original notice) so as to deal exhaustively with the payment
of commission in relation to the arrangement of the carriage of
cargo on a payment on delivery basis.