15 Dec 2008
SMITH V AIR NEW ZEALAND LTD HC WN CIV-2005-485-2198
- Citation
- openlaw-a7fe2226_f2e8_418d_bd2b_45759544f4da.pdf
- Court
- High Court
On the facts and law the Court held Air New Zealand did not unlawfully discriminate under s 44(1)(b) because the differential treatment resulted from neutral safety-driven controls applicable to passengers requiring items that pose equivalent aviation safety risks; a proper comparator analysis must attribute relevant operational restrictions to comparators and here those safety considerations, not disability, explained the treatment. The question of s 52 was not determinative and was left undecided as it was not necessary to resolve the appeal, though the Court concurred with the Tribunal's f…