New Zealand Case Law: Decisions & Judgments

Topic

Conditions of carriage

Legal area

Court

22 Sept 2022

REIHANA v GREGORY FORAN [2022] NZHC 2425

Citation

[2022] NZHC 2425
Court

High Court

Air New Zealand's vaccination requirement was a private contractual condition not an exercise of a statutory power for JRPA purposes, NZBORA did not apply because Air NZ was not exercising a public function conferred by law, and the proposed tortious duty of care was a novel duty that failed on proximity and policy grounds; the pleadings therefore disclosed no reasonably arguable cause of action and the claims were struck out (and summary judgment entered) with costs to defendants.
21 Feb 2020

SHARMA v AIR NEW ZEALAND LIMITED [2020] NZHC 230

Citation

[2020] NZHC 230
Court

High Court

The Court held the respondent lawfully exercised its contractual discretion under Article 7.1.11 after a documented investigation and warning; the applicant failed to establish an arguable breach of contract or the high degree of assurance required for a mandatory interim injunction that would effectively determine the claim; the balance of convenience favored the respondent given staff safety and the finite 12 month ban, therefore interim relief and venue transfer were dismissed.
9 Mar 2016

AIR NEW ZEALAND v DISPUTES TRIBUNAL [2016] NZHC 393

Citation

[2016] 2 NZLR 713
Court

High Court

The Disputes Tribunal's decision was set aside because it erred in law by relying on estoppel to impose liability on Air New Zealand in excess of the Montreal Convention limits as incorporated by ss 91C and 91G of the Civil Aviation Act 1990; the Tribunal has jurisdiction to hear contract or quasi-contract claims arising under the Convention, but must apply the Convention's limits and may not use s18 of the Disputes Tribunals Act to override statutory/treaty limitations except where the parties have validly contracted for greater liability.

New Zealand Case Law

REIHANA v GREGORY FORAN [2022] NZHC 2425

SHARMA v AIR NEW ZEALAND LIMITED [2020] NZHC 230

AIR NEW ZEALAND v DISPUTES TRIBUNAL [2016] NZHC 393