17 OCTOBER
THE NEW ZEALAND GAZETTE
4357

NORMAL FIRST CLASS TARIFFS BETWEEN NEW
ZEALAND AND THE SULTANATE OF OMAN 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 Normal First Class Tariffs between New Zealand and
   the Sultanate of Oman 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 all airlines.

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:

“Commission Regime” means the Civil Aviation (Passenger
Agents’ Commission Regime) Notice 1983*;

“EH” means any route between Area 2 and Area 3 other than
AP;

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

“Involuntary rerouting” means rerouting that arises out of the
inability 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 confirmed
flight in respect of which that passenger has a confirmed
reservation:

“NZD” means New Zealand dollars:

“RIO” means Omani Rials:

“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 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.

3. Fares—(1) A fare specified in the first or second column of
   the Fourth Schedule to this notice may apply to first class one-way
   travel (including travel in a first class sleeper seat), 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 Oman specified oppo-
   site that fare in the fifth column of that Schedule; and when in
   respect of any travel or any sector of any travel to which a specified
   fare relates a first class sleeper seat is or is to be provided, a sur-
   charge may, at the discretion of the carrier concerned, apply in
   addition to that fare of—

(a) Not less than 10 percent of that fare; or
(b) Not less than 10 percent of the normal first class fare lawful
for travel on that sector on which that sleeper seat is or is
to be provided.

(2) A fare specified in the first or second column of the Fifth
Schedule to this notice may apply to first class one-way travel
(including travel in a first class sleeper seat), via the route specified
opposite that fare in the third column of that Schedule, from a point
in Oman specified opposite that fare in the fourth column of that
Schedule to a point in New Zealand specified opposite that fare in
the fifth column of that Schedule; and when in respect of any travel
or any sector of any travel to which a specified fare relates a first
class sleeper seat is or is to be provided, a surcharge may, at the
discretion of the carrier concerned, apply in addition to that fare
of—

(a) Not less than 10 percent of that fare; or
(b) Not less than 10 percent of the normal first class fare lawful
for travel on that sector on which that sleeper seat is or is
to be provided.

(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) 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 (5) or subclause
(6) (as the case requires) of this clause.

(5) 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.

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

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

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

(c) The resulting figure shall be rounded up to the next highest
tenth:

(d) The resulting figure is hereby declared to be that fare in Omani
Rials.

(7) For the purposes of this notice, the distance specified in the
first column of the First Schedule to this notice shall be the maxi-
um permitted mileage for first class one-way travel (including travel
in a first class sleeper seat) 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.

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

(1) APPLICATION—Clause 4 of the General Tariff Conditions
shall be imported into this notice; and except to the extent specified
in that clause or elsewhere in this notice, a specified fare shall not
apply except for first class one-way travel (including travel in a first
class sleeper seat):

(2) PERIOD OF APPLICATION—Clause 5 of the General Tariff
Conditions shall be imported into this notice:

(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 lawfully 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,—

(c) Was in force when that travel commenced; and

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