17 SEPTEMBER THE NEW ZEALAND GAZETTE 3839

Round-Trip Excursion Tariffs Between New Zealand and Finland
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 Round-Trip Excursion Tariffs between New Zealand and Finland Notice 1984.

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

(3) This notice shall apply to the airlines specified in the fourth column of the Sixth Schedule to this notice.

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*;

"EH" means any route—

(a) Within Area 2; or

(b) Within Area 3; or

(c) Between Area 2 and Area 3 other than AP;

"FIM" means Finnish Marks;

"General Tariff Conditions" means the Civil Aviation (General Passenger Conditions) Order 1984 †;

"Involuntary failure", in relation to any travel, means the inability 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;

"Specified fare" means a fare specified in the Fourth or Fifth Schedule to this notice.

(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 as 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 undertake, or advertise his ability or willingness, to arrange, provide, 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 provided 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 willingness, to arrange, provide, or sell, at that fare travel to which that fare relates;—

and "application" shall have a corresponding meaning.

3. Fares—(1) A fare specified in the first or second column of the Fourth Schedule to this notice may apply to economy class round-trip travel, via the route specified opposite that fare in the fourth column of that Schedule, from a point in New Zealand specified opposite that fare in the fifth column of that Schedule to and return from a point in Finland specified opposite that fare in the sixth 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 round-trip travel, via the route specified opposite that fare in the fourth column of that Schedule, from a point in Finland specified opposite that fare in the fifth column of that Schedule to and return from a point in New Zealand specified opposite that fare in the sixth column of that Schedule.

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

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

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

to and return from a point in Finland 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 undertaken 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 adjustments, 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 conversion 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 Finland to which a specified fare relates, the following provisions shall apply to the conversion of that fare as specified in FCUs to Finnish Marks—

(a) The total fare in FCUs (including all appropriate adjustments, 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 Third Schedule to this notice (rounded up to the next highest tenth).

(c) The resulting figure in FCUs shall be multiplied by the conversion factor specified in the third column of that Schedule.

(d) The resulting figure shall be rounded up to the next whole number divisible by five.

(e) The resulting figure is hereby declared to be that fare in Finnish 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 half round-trip 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 specified fare applicable to travel from and return to Christchurch or Wellington may apply to travel from and return to 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 Finland shall be the maximum permitted mileage for travel in either direction, via the route specified opposite that distance, between that other point in New Zealand and that point in Finland.

4. Conditions—The application of every specified fare shall be subject to the following provisions:

(1) APPLICATION—Except to the extent (if any) specified elsewhere in this notice, a specified fare shall not apply except for econ-

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