2070
THE NEW ZEALAND GAZETTE
No. 95

the principal) shall, as soon as is practicable after its receipt,
be paid into a bank account, and shall—
(i) Remain the property of the principal; and
(ii) Be held in trust for the principal,—
until it has been satisfactorily accounted for to the principal; and

(h) The agent is to notify the principal, as soon as is
practicable after a location of that agent ceases to be an
approved passenger location, of the fact that it has ceased
to be an approved passenger location, and the date upon
which it ceased to be an approved passenger location, and
the reasons for its ceasing to be an approved passenger
location; and

(i) The agent is, at every approved passenger location, to
promote the carriage of passengers on the services of the
principal; and

(j) The agent is, at every approved passenger location, to
arrange the carriage of passengers on those services; and

(k) The agent is, at every approved passenger location,
to retain copies of all receipts issued in respect of fares
collected in respect of the carriage of passengers on those
services so arranged; and

(l) The agent is to account to the principal for all money
collected in respect of the carriage of passengers on those
services so arranged:

“Person” includes a body of persons and a body corporate:

“Prepaid ticket advice” means a notification to a carrier or an
agent in one place that the lawful fare or other payment
for the arrangement by that carrier or agent of some carriage
specified in that advice has been paid at some other place:

“Prepaid transportation” means carriage arranged pursuant to
a prepaid ticket advice that was issued in a country other
than that where the ticket for that carriage is delivered to
a customer:

“Principal”, in relation to any agent who arranges any carriage
on the services of a carrier with which that agent has a
sales agency agreement, means that carrier:

“Qualified person” means a person who—
(a) Is qualified under the New Zealand Aviation and
Travel Industry Training Board Structured Travel Industry
Training Programme to level 2 (Advanced Certificate of
Travel Competency); or
(b) Is a member of the New Zealand Institute of Travel:

“Qualifying inclusive tour” means an inclusive tour that includes
(for the entire duration of the tour) sleeping accommodation
of a kind provided to the public at commercial rates, and
that—
(a) Is intended to encourage air travel; and
(b) Covers a route that returns to the point at which it
started; and
(c) Includes one or more additional attractions or facilities,
such as sightseeing, coach trips, entertainment, admission
to any place or event, the provision of a guide or equipment; and
(d) Is described in literature, published by the person who
arranged the tour, that is available to the public generally;
and
(e) Is sold as an indivisible product to members of the
public generally:

“Sales agency agreement” means a written agreement between
a carrier and any other person (whether prepared and
executed by that carrier or by some other person on that
carrier’s behalf) providing for that other person to act as
an agent in relation to the arrangement of carriage on the
services of that carrier:

“Shipper” means a person who consigns cargo; and, in relation
to any cargo, means the shipper who consigns or proposes
to consign it:

“Standard bank plan” means an agreement between one or more
agents and one or more principals to appoint and authorise
a bank or other organisation, for the purpose of facilitating
the provision and issue of traffic documents to agents, and
the accounting for and settlement of debts between principal
and agent, to perform (inter alia) all or any of the following
functions in relation to the carriage of passengers and
baggage:
(a) The receipt of sales transmittals from agents and the
extraction and processing of information from those
transmittals:
(b) The rendering of billings to agents:
(c) The receipt of remittances from agents:
(d) The disbursement of money to principals:

“Standard cargo plan” means an agreement between one or
more agents and one or more principals to appoint and
authorise a bank or other organisation, for the purpose of
facilitating the provision and issue of waybill forms to
agents, and the accounting for and settlement of debts
between principal and agent, to perform (inter alia) all or
any of the following functions in relation to the carriage of
cargo:
(a) The receipt of sales transmittals from agents and the
extraction and processing of information from those
transmittals:
(b) The rendering of billings to agents:
(c) The receipt of remittances from agents:
(d) The disbursement of money to principals:

“Suitable cargo sales location” means a location (being a location
where the agent concerned is actively and principally
engaged, and has for at least 6 months been so engaged, in
the promotion and sale of the carriage of cargo) where (inter
alia) the following facilities are provided by that agent:
(a) The quotation of rates and charges for carriage of
cargo, and the specification of the conditions subject to
which such rates and charges apply:
(b) The assistance of customers in completing the required
formalities (including reservations) for the carriage of cargo:
(c) The delivery, or arrangement of the delivery, of cargo
ready for carriage to the appropriate airport:
(d) The acceptance (and delivery as aforesaid) of cargo
that comprises or includes any restricted item:
(e) The collection of money from customers, and its
remittance to carriers or a standard cargo plan:

“Suitable passenger sales location” means a location (not
situated at an airport or in office premises shared by an
agent and one or more other agents or by an agent and a
carrier)—
(i) At least 2 qualified persons; or
(ii) One qualified person and at least one student member
of the New Zealand Institute of Travel; or
(b) Where there is employed at least one person who has
demonstrated (in the opinion of the principal concerned)
a satisfactory ability to arrange carriage of passengers, if
that principal is satisfied that—
(i) That location is in a small community; and
(ii) At no time during the previous 3 years was there in
that community any other suitable passenger
sales location:

“Traffic document” means any passenger ticket form, baggage
check form, miscellaneous charges order form, on-line ticket
form, or other accountable form, (being a form for the
carriage of passengers or for other carriage or services
connected with the carriage of passengers) whether issued
manually, mechanically, or electronically, and whether or
not bearing the preprinted identification of an individual
carrier, supplied to approved general sales agents or
approved passenger agents, for issue to their customers,—
(a) By a principal; or
(b) Under a standard bank plan:

“Transportation order” means a form approved by a principal
against which (when completed by an approved passenger
agent with the names of the passengers concerned, the
routing itinerary, the class of travel, and the fare) that
principal has agreed with that agent to issue tickets for the
carriage of those passengers:

“Unsuitable person” means a person who or which—
(a) Being an individual person (and not being a person
who, in the opinion of the principal concerned, either was
not responsible for any of the acts and omissions leading
to the indebtedness concerned or can now be relied upon
to act properly as an agent)—
(i) Is (or is or was a director, shareholder, or person
involved in the general management of a person
that is) in default under a sales agency
agreement with any carrier and owes it money; or
(ii) Was (or is or was a director, shareholder, or person
involved in the general management of a person
that was) at any time in default under a sales
agency agreement with any carrier and met any
of his or its debts to that carrier by recourse to a
financial bond or guarantee; or
(b) Not being an individual person—
(i) Is in default under a sales agency agreement with
any carrier and owes it money; or
(ii) Was at any time in default under a sales agency
agreement with any carrier and met any of its
debts to that carrier by recourse to a financial
bond or guarantee; or
(iii) Has a director, shareholder, or person involved in
its management, who is an unsuitable person:

“Waybill” means a document, with a title in any language to
the effect that that document is an air consignment note
or air waybill, made out by or on behalf of a shipper as
evidence of a contract between that shipper and a carrier
for the carriage of goods on the services of that carrier:

“Waybill form” means a document that, when completed by
a shipper, is capable of constituting a waybill.

(2) Every expression defined in section 2 or section 29A (12) of
the Act shall have the meaning assigned to it by that section.