17 OCTOBER
THE NEW ZEALAND GAZETTE
4483

NORMAL ECONOMY CLASS TARIFFS BETWEEN NEW ZEALAND AND SUDAN 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 Economy Class Tariffs between New Zealand and Sudan 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:
   “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 connecting flight in respect of which that passenger has a confirmed reservation:
   “NZD” means New Zealand dollars:
   “Specified fare” means a fare specified in the Fourth or Fifth Schedule to this notice:
   “SUL” means Sudanese Pounds.
   (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 is imported into 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 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 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 Sudan 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 Sudan 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.
   (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 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.
   (6) In respect of any travel commencing in Sudan to which a specified fare relates, the following provisions shall apply to the conversion of that fare as specified in FCUs to Sudanese Pounds—
   (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 highest tenth:
   (e) The resulting figure is hereby declared to be that fare in Sudanese Pounds.
   (7) 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.

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 economy class one-way travel:
   (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,—
   unless this notice—
   (c) Was in force when that travel commenced; and
   (d) Is in force when that rerouting is arranged or that cancellation is made:
   (4) VALIDITY—Clauses 11, 15, 16, 17 and 18 of the General Tariff Conditions shall be imported into this notice:
   (5) GROUP SIZE—The application of the specified fares shall not be affected by the fact that any person travels or is to travel on an individual basis, or by the size of any group:
   (6) STOPOVERS—Clause 24 of the General Tariff Conditions shall be imported into this notice; but a specified fare shall not apply if there is allowed or to be allowed any stopover not—
   (a) Agreed between the passenger and the carrier concerned (or an agent of that carrier); and
   (b) Shown on the ticket of that passenger:

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