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.