17 SEPTEMBER
THE NEW ZEALAND GAZETTE
3783

One-Way Excursion Tariffs Between New Zealand and The
Federal Republic of Germany
Notice 1984

Pursuant to Section 29A(2) of the Civil Aviation Act 1964, the
Minister of Civil Aviation and Meteorological Services hereby gives
the following notice.

NOTICE

1. Title, commencement and application—(1) This notice may be
   cited as the One-Way Excursion Tariffs between New Zealand and
   the Federal Republic of Germany Notice 1984.

(2) This notice shall come into force on the day after the date
of its publication in the Gazette.

2. Interpretation—(1) In this notice, unless the context otherwise
   requires,—

“The Act” means the Civil Aviation Act 1964;
“AP” means a route between Area 2 and Area 3 via—
(a) Area 1; or
(b) A polar service between Europe and Japan; or
(c) Both;
“AT” means a route between Area 1 and Area 2 via the Atlantic;
“Commission Regime” means the Civil Aviation (Passenger
Agents’ Commission Regime) Notice 1983*;
“DMK” means West German Marks;
“EH” means any route—
(a) Within Area 2; or
(b) Within Area 3; or
(c) Between Area 2 and Area 3 other than AP;
“General Tariff Conditions” means the Civil Aviation (General
Passenger Conditions) Order 1984 †;
“Involuntary failure”, in relation to any travel, means the in-
ability of the carrier concerned to provide that travel because
that carrier—
(a) Cancels a flight; or
(b) Fails to operate a flight reasonably to schedule; or
(c) Omits a scheduled stop that is a destination, stopover,
or transfer point, of the passenger concerned; or
(d) Fails to provide travel previously confirmed by or on
behalf of that carrier; or
(e) Causes the passenger concerned to miss a connecting
flight in respect of which that passenger has a confirmed
reservation;
“Involuntary rerouting”, in relation to any part of any travel,
means rerouting of all or any part of that travel as a result
of involuntary failure of that first mentioned part;
“NZD” means New Zealand dollars;
“PA” means a route between Area 1 and Area 3 via the Pacific;
“PO” means an AP route via a polar service between Europe
and Japan;
“Specified fare” means a fare specified in the Fourth or Fifth
Schedule to this notice;
“TS” means an EH route via a direct service between Tokyo
and Moscow.

(2) Every expression defined in section 2 or section 29A(12) of
the Act or in clause 2 of the General Tariff Conditions shall have
the meaning so defined.

(3) This notice shall be read as if every clause of the General
Tariff Conditions expressed in this notice to be imported into this
notice forms part of this notice; and for the purposes of this notice
every reference in any such clause so expressed to “this notice”
shall be read as a reference to this notice.

(4) Where in any provision of this notice it is provided that a
fare may apply, that provision shall be read as if it were provided
in that provision that—

(a) Subject to subclause (5) of this clause, travel to which that
fare relates may be arranged, provided, and sold, or any
of them, at that fare; and

(b) Subject to subclause (5) of this clause, any person may under-
take, or advertise his ability or willingness, to arrange, pro-
vide, and sell, or any of them, travel to which that fare
relates;—

and “application” shall have a corresponding meaning.

(5) Where in any provision of this notice it is provided that a
fare shall not apply, that provision shall be read as if it were pro-
vided in that provision that—

(a) No person shall arrange, provide, or sell, at that fare travel
to which that fare relates; and

(b) No person shall undertake, or advertise his ability or will-
ingness, to arrange, provide, or sell, at that fare travel to
which that fare relates;—

and “application” shall have a corresponding meaning.

• Gazette, 1983 p. 3043
  † Gazette, 1984 p. 1021

3. Fares—(1) A fare specified in the first or second column of
   the Fourth Schedule to this notice may apply to economy class one-
   way travel, via the route specified opposite that fare in the third
   column of that Schedule, from a point in New Zealand specified
   opposite that fare in the fourth column of that Schedule to a point
   in the Federal Republic of Germany specified opposite that fare in
   the fifth column of that Schedule.

(2) A fare specified in the first or second column of the Fifth
Schedule to this notice may apply to economy class one-way travel,
via the route specified opposite that fare in the third column of that
Schedule, from a point in the Federal Republic of Germany speci-
fied opposite that fare in the fourth column of that Schedule to a
point in New Zealand specified opposite that fare in the fifth col-
umn of that Schedule.

(3) Where a fare specified in the Fourth Schedule to this notice
may apply to travel from—

(a) Christchurch, that fare may also apply to economy class one-
way travel from any other point in the South Island of
New Zealand north of Christchurch; or

(b) Wellington, that fare may also apply to economy class one-
way travel from any other point in the North Island of
New Zealand south of Auckland;

to a point in the Federal Republic of Germany specified opposite
that fare in that Schedule if air services operate to and from that
other point in New Zealand and that travel is and is to be under-
taken via Auckland.

(4) For the purposes of this notice, it is hereby declared that the
travel for which it is stated in this notice that any specified fare
may apply is the only travel to which that fare relates.

(5) Subject to clause 124(1) of the General Tariff Conditions (as
imported into this notice) a specified fare shall not apply unless all
calculations relating to that fare and the adjustments, charges and
surcharges (if any) payable in respect of the travel to which that
fare relates, are made in accordance with subclause (6) or subclause
(7) (as the case requires) of this clause.

(6) In respect of any travel commencing in New Zealand to which
a specified fare relates, the following provisions shall apply to the
conversion of that fare as specified in FCUs to New Zealand
dollars—

(a) The total fare in FCUs (including all appropriate adjust-
ments, charges, and surcharges other than excess baggage
charges) shall be added together;

(b) There shall be added to the resulting figure the percentage of
that figure specified in the second column of the Second
Schedule to this notice (rounded up to the next highest
tenth);

(c) The resulting figure in FCUs shall be multiplied by the con-
version factor specified in the third column of that
Schedule;

(d) The resulting figure shall be rounded up to the next whole
number;

(e) The resulting figure is hereby declared to be that fare in
New Zealand dollars.

(7) In respect of any travel commencing in the Federal Republic
of Germany to which a specified fare relates, the following pro-
visions shall apply to the conversion of that fare as specified in
FCUs to West German Marks—

(a) The total fare in FCUs (including all appropriate adjust-
ments, charges, and surcharges other than excess baggage
charges) shall be added together;

(b) There shall be subtracted from the resulting figure the per-
centage of that figure specified in the second column of the
Third Schedule to this notice (rounded down to the next
lowest tenth);

(c) The resulting figure in FCUs shall be multiplied by the con-
version factor specified in the third column of that
Schedule;

(d) The resulting figure shall be rounded up to the next whole
number;

(e) The resulting figure is hereby declared to be that fare in West
German Marks.

(8) Subject to subclause (9) of this clause, for the purposes of this
notice, the distance specified in the first column of the First Schedule
to this notice shall be the maximum permitted mileage for economy
class one-way travel in either direction, via the route specified
opposite that distance in the second column of that Schedule,
between a point specified opposite that distance in the third column
of that Schedule and a point specified opposite that distance in the
fourth column of that Schedule.

(9) Where in accordance with subclause (3) of this clause, a speci-
fied fare applicable to travel from Christchurch or Wellington may
apply to travel from any other point in New Zealand, the distance
specified in the First Schedule to this notice between Christchurch
or Wellington (as the case requires) and a point in the Federal
Republic of Germany shall be the maximum permitted mileage for
travel in either direction, via the route specified opposite that dis-
tance, between that other point in New Zealand and that point in
the Federal Republic of Germany.