17 SEPTEMBER THE NEW ZEALAND GAZETTE 3917

Round-Trip Advance Purchase Excursion Tariffs From New
Zealand to Italy 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 Advance Purchase Excursion Tariffs from
   New Zealand to Italy 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 first
   column of the Second 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:
   "General Tariff Conditions" means the Civil Aviation (General
   Passenger Conditions) Order 1984 †:
   "Involuntary cancellation", in relation to any travel, means the
   cancellation of all or any part of that travel arising out of—
   (a)Involuntary failure in respect of all or any part of that
   travel; or
   (b)Where that passenger is refused all or any part of that
   travel for safety or legal reasons, or because of that pas-
   senger's condition or conduct; or
   (c)The death of that passenger or a member of his
   immediate family:
   "Involuntary failure", in relation to any travel, means the ina-
   bility of a carrier to provide the travel originally arranged
   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 First Schedule to
   this notice:
   "Voluntary cancellation", in relation to any travel, means can-
   cellation of that travel that is not involuntary cancellation:
   (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
   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 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
   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 column of the First
   Schedule to this notice may apply to economy class round-trip 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 and return from a point
   in Italy specified opposite that fare in the fifth column of that
   Schedule.
   (2) Where a fare specified in the First 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 Italy specified opposite that fare in
   that Schedule if air services operate to and from that other point
   in New Zealand and that travel is or is to be undertaken via
   Auckland.
   (3) 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.
   (4) 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 clause 4(28) of this notice.

4. Conditions—The application of every specified fare shall be
   subject to the following provisions:
   (1) APPLICATION—Except to the extent (if any) specified else-
   where in this notice, a specified fare shall not apply except for econ-
   omy class round-trip travel, or around the world travel where that
   travel is or is to be undertaken via the EH route in one direction
   and via the AP route in the other:
   (2) PERIOD OF APPLICATION—Of the specified fares—
   (a)A fare specified in the second column of the First
   Schedule to this notice as a peak season fare shall not apply
   unless travel on the first outbound international sector of
   the travel to which it relates commences in May, June or
   July:
   (b)A fare specified in the second column of that Schedule
   as a shoulder season fare shall not apply unless travel on
   the first outbound international sector of the travel to which
   it relates commences in April, August, September, or
   December:
   (c)A fare specified in the second column of that Schedule
   as an off-peak season fare shall not apply unless travel on
   the first outbound international sector of the travel to which
   it relates commences in March or October:
   (d)A fare specified in the second column of that Schedule
   as a basic season fare shall not apply unless travel on the
   first outbound international sector of the travel to which
   it relates commences in January, February, or November:
   (3) FARES—Clause 6 of the General Tariff Conditions shall be
   imported into this notice; but after the commencement of any travel
   for which any other fare has been paid, a specified fare shall not
   apply—
   (a) To any rerouting of that travel; or
   (b) For the purposes of calculating any refund in relation to any
   rerouting of that travel, or the cancellation of any unused
   portion of that travel:
   (4) VALIDITY—The clauses (except clauses 16 and 18(3)) com-
   prising Part IV of the General Tariff Conditions shall be imported
   into this notice; but a specified fare shall not apply if—
   (a) The ticket issued for the travel to which that fare relates, has
   no minimum validity, or a minimum validity of less than
   21 days after the date of arrival in the country of
   turnaround:
   (b) Except as provided in clause 14 of the General Tariff Con-
   ditions (as imported into this notice), travel on that return
   portion of that ticket is so arranged that it is capable of
   commencing within the minimum validity of that ticket:
   (c) That ticket has no maximum validity, or a maximum validity
   of more than 180 days after the date of arrival in the coun-
   try of turnaround:
   (d) Except as provided in subclauses (1), (2), (4) and (5) of clause
   18 of the General Tariff Conditions (as imported into this
   notice), travel on the return portion of that ticket is so
   arranged that it is capable of commencing after the expir-
   ation of the maximum validity of that ticket:
   (e) Any carrier (or any agent of any carrier) extends or is to extend
   the maximum validity of that ticket by reason of the ill-
   ness of the passenger concerned or any other person:

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

Sig. 11*