18 Feb 2011
VALERIE JOAN SMITH v AIR NEW ZEALAND LTD CA514/2009
- Citation
- openlaw-ac92e102_eb44_4071_80ee_62bd34e852d4.pdf
- Court
- Court of Appeal
The Court found Ms Smith was treated less favourably in relation to provision of oxygen under s 44 but held Air New Zealand's measures fell within the s 52 exception because, applying a reasonableness/proportionality test, the airline could not reasonably be expected to provide oxygen without imposing more onerous terms; the international charge and domestic supplier requirements were reasonable given safety, regulatory, logistical and cost factors, and the evidence met Air New Zealand's onus.