Legilsation & Ethics in the Travel & Tourism Sector
The International Travel College of New Zealand 1
Legislation and Ethics in the
Travel and Tourism Sector
Unit #8 – Learning Outcome 1
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Civil Aviation Act 1990
• Establishes rules of operation and divisions of
responsibility within the NZ civil aviation system
in order to promote aviation safety
• Ensures that NZ's obligations under international
aviation agreements are implemented
• Consolidates and amends the law relating to civil
aviation in NZ
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Key rules and powers within the Act
• All aircraft to be registered with CAA
• Licensing of aircraft
• Licensing of ‘open aviation market’ licenses to international airlines
• Granting of trans-Tasman recognition to NZ and Australian aircraft
• Operational rules for pilot and flight crew
• Search and rescue responsibilities
• Notification of air accidents
• Medical examinations for air crew
• Suspension or termination of pilots licenses
• Airspace operations
• Noise abatement requirements
• The setting of fees and charges
• Safe operation of aircraft
• Security at airports and onboard aircraft
• Passenger behaviour on aircraft
• Limits of liability
• The sale of liquor at airports
• Establishment of ‘no smoking’ rules at airports/on aircraft
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Maritime Transport Act 1994
The Maritime Transport Act 1994 defines the statutory
powers of Maritime New Zealand and sets out to:
• enable the implementation of New Zealand's obligations
under international maritime agreements
• ensure that participants in the maritime transport
system are responsible for their actions
• protect the marine environment
• continue the implementation of obligations on New
Zealand under various international conventions
relating to pollution of the marine environment
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The Maritime Transport Act establishes:
• Masters of ships to be licensed
• Ships and vessels to be registered and approved
• Rules around ships operating in NZ waters
• Rules concerning treatment of seafarers on ships
within NZ waters
• Age restrictions on ships crew
• Accident notification rules
• Inspection, audit and suspension of ship operations
• Limits of liability
• Accidents, wreckage and salvage rules
• Marine environment regulations
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Carriage of Goods Act 1979
• Domestic transport in New Zealand, by air, land
and water, is governed by the Carriage of Goods
• This Act is relevant to all transport providers and
to people working within the industry in terms of
the responsibility and liability for goods or luggage
while in transport.
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Carriage of Goods Act:
• The Carriage of Goods Act sets out trader obligations
and is primarily commercial legislation setting out
liabilities for loss or damage to goods (ie luggage)
whilst in transport.
• Carriers are (generally) liable for loss or damage to
goods while they are being carried regardless of
cause, but liability is limited to $1,500 for each item
lost or damaged.
• The risk of any loss over that amount falls on the
owner of the goods.
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Land Transport Act 1988
• The Act promotes safe road user behaviour and
vehicle safety, and:
• provides for a system of rules governing road
• the licensing of drivers
• technical aspects of land transport
• consolidates and amends various enactments
relating to road safety and land transport
• enables New Zealand to implement international
agreements relating to road safety and land
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Drivers to be
Land Transport Act
Drivers not to
drive under influence
of drink or drugs
Drivers not to
drink and drive
Road users to
comply with rules
be secured &
Drivers not to
Vehicles to be
No street or
Restriction of heavy
traffic on roads
No altering of
No interfering with
Features relating to drivers
Features relating to vehicles
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(Passenger Agents Commission Regime)
• Lays down requirements to be met by those who act as
passenger sales agents or airlines
• Includes requirements relating to customer/airline funds
– The agent is not to pay money received in respect of travel
arranged by the agent into any bank account into which there is
at any time paid any money that is not received in respect of
travel arranged by the agent.
– All money received by the agent in respect of travel on the
services of the carrier, or in respect of any relating services
shall, as soon as is practicable after its receipt, be paid into a
bank account, and shall
– remain the property of the carrier, and
– be held in trust for the carrier until it has been accounted for to
The International Travel College of New Zealand 11
General Business Legislation
The laws that follow relate to all
businesses and people living and
working in New Zealand and are not
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Employment Relations Act 2000
Object of the Act:
• to build productive employment relationships
through the promotion of good faith in all
aspects of the employment environment and of
the employment relationship
• to promote observance in New Zealand of the
principles underlying International Labour
Organisation Convention 87 on Freedom of
Association, and Convention 98 on the Right to
Organise and Bargain Collectively.
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Institutions to settle employment
The Employment Relations Authority
The ERA is an investigative body that examines the facts of the case in seeking
to resolve problems with the parties' employment relationship.
The Mediation Service
The Mediation Service is run by the Department of Labour and the mediators
are employees of the Department. Parties in a dispute should have tried to
solve their problems before going to the Employment Relations Authority.
The Employment Court
The Employment Court is a court of record and has equal standing to the High
Court of New Zealand.
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Employment Relations Authority
• The Employment Relations Authority resolves
employment relationship problems that cannot
be solved through mediation. It is an
independent body set up under the Employment
Relations Act 2000.
• Its role is to resolve employment relationship
problems by looking into the facts and making a
decision based on the merits of the case.
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Health and Safety
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Who are the organisations that monitor and
regulate the travel and tourism sector and
ensure compliance with laws and regulations?
What powers do these organisations have?
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Ministry of Transport
The Ministry is the government's principal
transport policy adviser.
They aim to:
• improve the overall performance of the transport system
• improve the performance of transport Crown entities
• achieve better value for money for the government from
its investment in the transport system.
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The government transport sector includes four Crown
entities and one trust:
–Civil Aviation Authority (CAA), including the Aviation Security Service (AvSec)
–Maritime New Zealand
–New Zealand Transport Agency
–Transport Accident Investigation Commission
–Road Safety Trust
These agencies are responsible for the day-to-day hands
on management of daily traffic, aviation, rail and maritime
activities. The roles they play, and the composition of their
Boards, are set out in legislation.
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The NZ Transport Agency
‘The NZ Transport Agency creates transport
solutions for a thriving New Zealand.’
Achieved through four core business
1. Planning the land transport networks
2. Investing in land transport
3. Managing the state highway network, and
4. Providing access to and use of the land transport
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Key roles of the NZ Transport Agency
Regulating access and use through:
• driver testing services
• issuing driver licenses and transport
• vehicle certification, registration and
• collecting road user charges and other
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Laws + Regulations
• Land Transport Management Act 2003 Land Transport Act 1998
• Railways Act 2005
• Public Transport Management Act 2008
• Land Transport (Offences and Penalties) Regulations 1999
• Traffic Regulations 1976
• Transport Services Licensing Regulations 1989
• Heavy Motor Vehicle Regulations 1974
• Land Transport (Motor Vehicle Registration and Licensing)
• Land Transport (Driver Licensing) Rule 1999
• Land Transport (Road User) Rule 2004
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• The Civil Aviation Authority (CAA) is a Crown entity that
regulates civil aviation in New Zealand.
• They monitor safety and security performance
throughout the aviation community so that they can
direct safety efforts where they are needed most.
• The CAA is responsible for almost every aspect of civil
aviation safety, including:
the licensing of pilots, aircraft maintenance personnel and
designation of space in which aircraft can fly
regulation of flight and airport operations
certification of airports and airfields, aircraft manufacturers,
aviation organisations and airways services such as weather
Civil Aviation Authority
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NZ Aviation Facts
• In New Zealand there are about 9000 active pilots and 3830 aircraft.
• More than 8.4 million passengers travel on our main airlines'
domestic services and 3.7 million arrive on international air carriers
• Their safety is overseen by the CAA.
• The CAA establishes civil aviation safety and security standards,
and monitors adherence to those standards.
• The CAA carries out accident and incident investigations and
collates this material to establish an industry-wide safety picture.
• This becomes the basis of safety initiatives ranging from education
campaigns to increased monitoring and regulatory action.
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Airways New Zealand
• A commercial company, Airways New Zealand, manages all
domestic and international air traffic.
• Airways is a State-owned Enterprise (SOE), a fully-owned
subsidiary of the NZ Government operating as a commercial
• A staff of 750 deliver the following services to both NZ and the
– Control all air movements within NZ’s 30 million sq km's of controlled airspace (over 1
million movements annually)
– Develop, install and maintain infrastructure and flight path systems through out New
– Manage air traffic control towers and radar centres
– Provide technical and engineering services to NZ airports
– Design airspace requirements
– Develop maps and charts of airspace requirements for use by pilots and navigators
– Train air traffic controllers for both the domestic and international market
– Provide flight inspection services for airports throughout Australasia and the South Pacific.
– Operate consultancy services throughout Asia, Pacific and the Middle East
– Collaborate in international forums on aviation environmental and sustainability initiatives
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Airways NZ structure
• Airways operates under rules set down by the Civil
Aviation Authority of NZ.
• The rules are developed using International Civil Aviation
Organisation (ICAO) guidelines.
• Governance is provided by a Government-appointed
Board of Directors (8 members), who in turn report to
two shareholding Ministers
• Airways is totally self funded (no government funding).
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International Civil Aviation
ICAO is a specialised agency of the United Nations, formed in 1947 to promote the safe and
orderly development of international civil aviation throughout the world.
The ICAO Council adopts standards and recommended practices concerning air navigation, its
infrastructure, flight inspection, prevention of unlawful interference, and facilitation of border-
crossing procedures for international civil aviation.
In addition, the ICAO defines the protocols for air accident investigation followed by transport
safety authorities in countries signatory to the Convention on International Civil Aviation,
commonly known as the Chicago Convention.
It codifies the principles and techniques of international air navigation and fosters the planning
and development of international air transport to ensure safe and orderly growth.
The ICAO also standardizes certain functions for use in the airline industry, such as the
Aeronautical Message Handling System (AMHS), making it a standards organization.
ICAO produce regulations about airspace and aerodromes.
ICAO has standardized machine-readable passports worldwide to enable border controllers to
process such passports quickly.
Its headquarters are located in Montreal, Canada with 7 offices around the world.
The Organization serves as the forum for cooperation in all fields of civil aviation among its 190
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International Air Transport
• The International Air Transport Association
(IATA), founded in 1945, is the trade
association of airlines.
• The 240 members comprise 84% of total world
air traffic. IATA supports many areas of aviation
activity and helps formulate industry policy on
critical aviation issues.
• IATA’s mission is to represent, lead, and serve
the airline industry.
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• Slots – the agreements between countries, airports and airlines in
how the take off and landing schedules of aircraft is managed
around the world.
• Infrastructure – ensuring that airports can manage the
requirements of airlines and their passengers
• Airport taxes and security charges
• Fuel – availability, pricing, regulation
• Environment - developing environmental policies to enable
sustainable and eco-efficient air transport.
• Airline ticketing – a consistent, reliable ticketing system that offers
transferability and ease of use for passengers and airlines
• Security – for passengers, and airlines
• Compensation rights for air passengers affected by incidents whilst
flying on commercial airlines
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• IATA membership is open to airlines operating
scheduled and non-scheduled air services that maintain
an IATA Operational Safety Audit (IOSA) registration.
• Travel agents may also apply for ‘IATA accreditation’:
– Full accreditation authorizes travel agents to sell international
and/or domestic tickets on behalf of IATA member airlines.
– It also allows access to IATA’s Billing and Settlement Plan
(BSP), an efficient interface or invoicing and payment between
the agent, airlines and transport providers.
– IATA accreditation greatly simplifies the business relationship
between travel agents and airlines. Some 60,000 IATA travel
agents worldwide currently benefit from IATA accreditation,
selling US$220 billion worth of airline tickets on behalf of some
240 IATA airline members.
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IATA Passener Agency Programme
• The IATA Passenger Agency Programme is designed to facilitate the secure
distribution of airline tickets through a network of accredited sales locations.
• The programme is administered by IATA on behalf of its members. Policy
development and changes to the operating Passenger Sales Agency Rules
and the rules governing reporting and settlement of sales are controlled by
the Passenger Agency Conference.
• The Passenger Agency Conference (also known as 'PAConf' or 'the
Conference') takes action on matters (excluding remuneration levels)
relating to the relationships between airlines and recognized passenger
sales agents and other intermediaries.
• PAConf is the body that supervises all policy development as well as
decides the rules governing the reporting and settlement of sales of the
Accreditation of Representatives
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Maritime New Zealand
Maritime New Zealand is a Crown entity established in 1993 and governed by an independent Board
appointed by the Governor General on the recommendation of the Minister of Transport.
The national office is in Wellington, 140 staff and 10 offices at ports around the country.
Maritime New Zealand is responsible for:
– developing and monitoring maritime safety rules and marine protection rules
– licensing seafarers and registering ships
– conducting safety inspections of all New Zealand ships and foreign-flagged ships calling at
New Zealand ports
– investigating and analysing maritime accidents and accident trends
– educating the maritime community about best practice in safety and environmental
– ensuring that port facilities and New Zealand ships meet the requirements of the Maritime
Security Act 2004
– providing and operating lighthouses and other aids to navigation for ships on the New
– providing a coastal maritime safety and distress radio service
– managing the Rescue Coordination Centre New Zealand
– maintaining the New Zealand Marine Oil Spill Response Strategy and National Contingency
– administering the New Zealand Oil Pollution Fund
– overseeing services provided by organisations under contract, mainly in the areas of marine
radio services and the Safe Ship Management system.
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Travel Agents Association of
New Zealand (TAANZ
• The Travel Agents' Association of New Zealand (TAANZ) is a trade
organisation representing the travel agent, approved travel broker
and tour operator distribution system in New Zealand.
• There is no government licensing for travel agents in New Zealand
so TAANZ is a self regulating organisation promoting quality
standards, service and performance.
• TAANZ works with its members to promote a Code of Ethics and
Practice, and to stimulate, encourage and promote the desire to
• All members must meet strict membership and financial criteria and
be subject to an annual financial review by an independent Bonding
Authority. All members participate in the TAANZ Bonding Scheme
for the protection of the consumer.
• All approved travel brokers must be registered with TAANZ and
approved by TAANZ to sell travel on behalf of the TAANZ member
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Key TAANZ facts (@ end 2011)
• Founded: 1962
• Full Members - 317
• Additional Branch Locations - 89
• Total - 406
• Allied Members - 59
• Number of selling staff employed by TAANZ full
members - 2,412
• Number of Approved Travel Brokers employed
by TAANZ full members - 476
• Value of travel business written by TAANZ full
members - $2.65 billion (Oct10-Dec11)
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TAANZ Code of Ethics
• To operate as a travel agent in New Zealand it is not necessary to
obtain any government licenses.
• There is no specific legislation prescribing what travel agents may or
may not do, or how travel agents are to conduct their businesses.
• The industry is in large measure self-regulated and TAANZ has
taken the leading role in this regard by requiring that its members,
which comprise the majority of New Zealand travel agents, meet
and maintain high standards in terms of financial integrity, premises,
qualified staff and ethical conduct.
• Members are required, as a condition of membership, to commit to
be bound by this Code of Ethics.
• The Code of Ethics also includes reference to the dispute resolution
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The TAANZ Bonding Scheme
• The Code of Ethics refers to the bonding scheme. This is one of the membership benefits
particularly from the client perspective.
• The Bonding Scheme is designed to provide customers with an assurance that if they deal with a
TAANZ member they will receive some protection against the travel agents' failure to properly
account to suppliers for monies received from customers for that purpose.
• It is compulsory for every full member of TAANZ to belong to the Bonding Scheme.
• All full members of TAANZ are therefore TAANZ Bonded Agents.
• Allied members of TAANZ are suppliers of travel and services and are not involved with the
• The scheme involves the establishment of ‘bonds’ from travel agents. These are similar to
financial guarantees and are in place in order to meet claims lodged by customers in the event of
a financial collapse of any TAANZ members.
• All TAANZ members must meet minimum financial criteria in order to be a member as they will
automatically become a member of the TAANZ Bonding Scheme.
• Claims of up to $250,000 can be made against the Bonding Scheme.
• The financial performance of every TAANZ member is reviewed at least annually by the TAANZ
Bonding Authority and there is provision for a special review to take place at any time if there is
concern as to the financial security of a particular member.
• As part of the membership application process, the TAANZ Bonding Authority ( who is
independent Chartered Accountant) considers the financial structure of each individual member's
business, judges the risks involved and determines the level or amount of indemnity required to
protect the Bonding Fund in each individual case.
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Tourism Industry Association of
New Zealand (TIANZ
• TIANZ is a membership-based and funded organisation representing the
interests of businesses throughout the tourism industry.
• Industry advocacy, business networking, industry development programmes
and membership services.
• They are the largest representative body of tourism operators in New
Zealand, with about 1500 members who collectively make up 85% of the
country's tourism turnover.
• Membership of TIANZ is not compulsory to any tourism organization, but is
encouraged in order to help tourism operators become part of a nationally
led lobby and advocacy group.
• Membership fees start at around $450 (for a small 3 staff member business)
up to $1250 for the largest organizations.
• Members obtain discounts on travel and tourism and related business
products and services.
• There are no ‘rules’ to membership, but members are required to abide by a
Code of Ethics.
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TIANZ Code of Ethics:
TIA's Code of Ethics requires members to:
• Recognise and affirm customers' rights to courteous, prompt and honest service.
• Maintain high standards and fair practice in all business transactions.
• Accord customers of all cultural origin equal respect and consideration.
• Price goods and services fairly and unambiguously.
• Ensure that advertising is accurate and truthful, free of anything which could mislead
or otherwise be contrary to the public interest.
• Establish and maintain procedures for the prompt handling of complaints, ensuring
that all inquiries, refunds and returns of goods (where applicable) are dealt with
properly and reasonably.
• Keep proper books of accounts and conduct all affairs in a professional manner.
• Uphold and observe all laws and regulations pertaining to their establishment,
particularly those governing the provision and sale of goods and services.
• Discharge all responsibilities to employees by observing all laws and awards, by
giving proper training and instruction, by providing adequate working conditions,
equipment and facilities and supervising standards of safety and work practice.
• Act in an environmentally responsible way.
• Uphold the interests and reputation of New Zealand as a quality destination for
visitors and travellers, offering friendly, hospitable service.
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Processes and Structures
The Legislative Process
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What is the law?
• The law is the framework within which citizens consent
to be governed.
• Democratic theory is that having elected their lawmakers
(legislators), citizens recognise the legitimacy of the laws
made on their behalf by the lawmakers and consent to
abide by those laws.
• Parliament legislates by examining bills (proposed laws),
making amendments, and agreeing their final form. The
bills then become Acts of Parliament.
• Several steps are built into this process to ensure bills
can be rigorously tested.
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Civil Law and Criminal Law:
• CRIMINAL LAW regulates social conduct and includes
threatening, harming, or otherwise endangering the
health, safety, and moral welfare of people. It includes
the punishment of people who violate these laws.
• Criminal law differs from civil law, whose emphasis is
more on dispute resolution and victim compensation
than on punishment.
• CIVIL LAW covers disputes between individuals,
companies and sometimes local or central government.
• Civil law disputes are generally the cases in court that
are not about breaking a criminal law. For example,
disputes over business contracts or debts, or disputes
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How are laws enforced?
Law is a system of rules usually enforced through a set of institutions. It shapes politics, economics
and society in numerous ways and serves as the foremost social mediator in relations between
people.Law governs a wide variety of social activities:
•Contract law regulates everything from buying a bus ticket to trading on derivatives markets.
•Property law defines rights and obligations related to the transfer and title of personal and real
•Trust law applies to assets held for investment and financial security, while tort law allows claims for
compensation if a person's rights or property are harmed.
•If the harm is criminalised in penal code, criminal law offers means by which the state can
prosecute the perpetrator.
•Constitutional law provides a framework for the creation of law, the protection of human rights and
the election of political representatives.
•Administrative law is used to review the decisions of government agencies
•International law governs affairs between sovereign nation states in activities ranging from trade to
environmental regulation or military action.
•Laws are enforced through the police force who work with communities and government agencies in
detecting law breaking and illegal activities.
•The NZ Police are responsible for enforcing criminal law, enhancing public safety, maintaining order
and keeping the peace throughout New Zealand.
•Civil law is maintained via the Court system who adjudicate over disputes between individuals and
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International law enforcement
• International law is enforced primarily and officially thorough
• It concerns the structure and conduct of states and
• International law also may affect multinational corporations and
• Public international law has increased in use and importance vastly
over the twentieth century, due to increases in global trade, armed
conflict, environmental deterioration on a worldwide scale, human
rights violations, rapid and vast increases in international
transportation and a boom in global communications.
• International law "consists of rules and principles of general
application dealing with the conduct of states and of
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The Court System in New Zealand
Court of Appeal
of New Zealand
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100 District Courts in NZ
• Presided over by District Court Judges who have been barristers or
solicitors for at least 7 years.
• Also presided over by Justices of the Peace who usually sit in pairs and
hear traffic prosecutions and minor criminal offences.
• Hears civil cases with limits on monetary values.
• Hears criminal cases where the offences’ maximum penalty may be not
more than 5 years imprisonment or a fine up to $10,000.
• Much of the District Court workload is dealing with interim matters (entering
pleas, adjournments, pre-trial conferences and sentencing).
• Some criminal prosecutions heard in a District Court may also involve a jury
and presided over a District Court Judge who has a Jury Trial Warrant.
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Disputes Tribunals are a division
of the District Courts,
• Established to offer an alternative means of dispute settlement that
is cheap, efficient and does not involve extensive legal participation.
• Used to help settle disagreements over small amounts (up to
• Eg: contract disputes (sale and purchase), employment disputes,
boundary disputes, hire purchase or consumer guarantees act
claims such as faulty goods, unsatisfactory service and trade work.
• Presided over by ‘referees’ who are people considered capable by
reason of having the personal attributes, knowledge and experience
of performing the functions of a referee.
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Other Divisions of the District
• Youth Court - deals primarily with youth justice issues
• Maori Land Court - deals with Maori rights and land
• Employment Court has jurisdiction over most
employment matters that cannot be resolved through
earlier mediation. Presided over by a Judge.
• Environment Court determines submissions regarding
resource consent applications, such as change of land
use. The environment court is presided over by a Judge
and Environment Commissioners.
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The High Court
• There is one High Court in NZ, divided into districts, with each district having a
courtroom, offices and officials.
• Presided over by the Chief Justice and High Court Judges with 7+ years experience
as barristers or solicitors.
• Civil and criminal matters can be heard by the High Court.
• Hears more serious cases than the District Court, such as criminal prosecutions for
murder, rape and grievous bodily harm.
• Juries are used with all criminal cases.
• Hears more serious civil cases involving greater sums of money, bankruptcy.
• Also hears appeals.
• Very formal and traditional atmosphere and process.
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Court of Appeal
• Court of Appeal is based in Wellington but has ‘divisions’ in Auckland
• Presided over by the President of the Court of Appeal together with 5
permanent judges and others co-opted from High Court Judges as required.
• Judges sit as a ‘quorum’ of three judges, or in significant cases, five judges.
• All of this Court’s time is spent hearing appeals.
• Also gives opinions on cases as required.
• Relatively informal procedures with free discussions and questioning.
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Supreme Court of NZ
• Supreme Court of New Zealand sits in Wellington and hears civil
and criminal appeals directly from the Court of Appeal.
• It is presided over by the Chief Justice and 4 or 5 other judges.
• The Governor –General appoints Judges of the Supreme Court.
• Very specific criteria on grounds for appeal to this court.
• It hears appeals involving a matter of general or public importance,
or where there may have been a miscarriage of justice, or where the
case is of general commercial significance.
• Appeals take the form of a ‘re-hearing’ with all evidence presented
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The role of the jury
• Juries are used in criminal trials, and occasionally in civil trials.
• A person is entitled to a jury trial in a criminal matter where the
maximum penalty is three months imprisonment or more, or in a civil
matter where the amount claimed exceeds $3000.
• A jury is made up of 12 ordinary members of the community.
• People are selected for jury duty from the electoral roll, and are
regarded as being representative of the community as a whole.
• Some people are disqualified from sitting on a jury: practicing
lawyers, police officers, Members of Parliament and Judges. people
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Justices of the Peace
• Justices of the Peace are lay persons who undertake
some minimal training to fulfill the role, and are not paid
to perform the role.
• Nominations for persons to be appointed as Justices of
the Peace are accepted only from Members of
• Persons nominated must have an adequate standard of
education and be well-regarded in their community.
• The nominee must be respected as a person of good
sense and integrity.
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Solicitors & Barristers
• 11,000 barristers and solicitors practicing in New Zealand.
• A solicitor is a lawyer who traditionally deals with any legal matter including
conducting proceedings in court. They are retained and paid by a client.
• Barristers specialize in courtroom advocacy, drafting legal pleadings, and
giving expert legal opinions. Barristers are rarely hired by clients directly but
instead are retained by solicitors to act on behalf of clients.
• In the UK and some other countries, the legal profession is split between
solicitors and barristers and a lawyer will usually only hold one of the two
• In New Zealand, all law practitioners are admitted to the High Court of New
Zealand as barristers and solicitors.
• This allows for the roles of barrister and solicitor to be combined into one,
whereby a solicitor deals directly with the client, and the case, and also
represents their client in a court of law.
• Some people choose to ‘specialise’ in different areas of the law, or to work
only as a barrister.(termed ‘barrister sole’)
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• Judges are overseers of the Courts.
• They preside over and make decisions on cases
proceeding through the courts.
• Their function is to apply and interpret the law in
accordance with their judgment and mindful of
their constitutional role.
• They are perceived as politically independent
• Nominations for most judicial appointments are
made by the Attorney General.
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• Arbitration is a form of alternative dispute resolution.
• It is a technique for the resolution of disputes outside the courts,
where the parties to a dispute refer it to one or more persons (the
"arbitrators", "arbiters" or "arbitral tribunal"), by whose decision they
agree to be bound.
• It is a resolution technique in which a third party reviews the
evidence in the case and imposes a decision that is legally binding
for both sides and enforceable.
• Other forms of arbitration include mediation (a form of settlement
negotiation facilitated by a neutral third party) and non-binding
resolution by experts.
• Arbitration is often used for the resolution of commercial disputes,
particularly in the context of international commercial transactions.
• The use of arbitration is also frequently employed in consumer and
employment matters, where arbitration may be mandated by the
terms of employment or commercial contracts.
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Additional Transport Law
‘International carriage by air’ conventions
include the Warsaw Convention, Montreal
Convention, the Hague Protocol, the
Guadalajara Convention, Cape Town
Convention, the Aircraft Protocol.
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Warsaw Convention - 1929
The Warsaw Convention regulates liability for international carriage of
persons, luggage or goods performed by aircraft for reward.
The principal purpose of the Warsaw Convention was to determine the
liability of air carriers in the case of an accident, both in regards to
passengers and also baggage and cargo.
The Convention was amended in 1955 at The Hague, in 1971 in
Guatemala City and in Montreal 1999.
Amended because the maximum compensation that an airline could be
forced to pay in the event of an international accident was 75,000 US
dollars (for the death of one person).
This limit, set to protect a fledging aviation industry from bankruptcy, has
now been changed, so that the minimum a bereaved family can claim -
without having to prove the airline's negligence - is $135,000.
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Warsaw Convention - requirements
The Warsaw Convention:
requires carriers to issue passenger tickets
requires carriers to issue baggage checks for checked luggage
creates a limitation period of 2 years within which a claim must be
limits a carrier's liability to specified amounts
If the carrier is found at fault for the accident there are no liability
The International Travel College of New Zealand 58
Hague Protocol - 1955
• Between 1948-51the Warsaw Convention was studied by a legal
committee and in 1952 a new draft prepared to replace the
• It was rejected and decided that the convention be amended rather
• The work done by the legal committee was presented to the
International Conference on Air Law who met at the Hague in 1955.
• That Hague conference followed up and adopted a Protocol for the
amendment of the Warsaw Convention.
• Between the parties of Protocol, it was agreed that the Warsaw
Convention and the Protocol were to be read and interpreted
together as one single instrument to be known as the Warsaw
Convention as amended at Hague, 1955.
The International Travel College of New Zealand 59
Guadalajara Convention - 1961
• Signed at an International Civil Aviation Organisation
(ICAO) meeting held in Guadalajara, Mexico in 1961
• It unifies certain rules relating to international carriage by
air performed by a person other than the contracting
• This convention specifically relates to the carriage of
The International Travel College of New Zealand 60
Montreal Convention - 1999
• The Montreal Convention is a treaty adopted by ICAO member states in
• It amended important provisions of the Warsaw Convention’s regime
concerning compensation for the victims of air disasters.
• Under the Montreal Convention, air carriers are strictly liable for proven
damages up to USD 175,000
• Where higher damages are sought the airline may avoid liability by proving
that the accident was not due to their negligence or was attributable to the
negligence of a third party.
• The Convention also amended the jurisdictional provisions of Warsaw and
now allows the victim or their families to sue foreign carriers where they
maintain their principal residence, and requires all air carriers to carry
• The Montreal Convention increases the maximum liability of airlines for lost
baggage to a fixed amount rather than on the weight of the baggage.
• 103 of the 191 ICAO Member States have ratified the Montreal Convention
The International Travel College of New Zealand 61
Cape Town Convention + Aircraft Protocol
• The Cape Town Convention and the Aircraft Protocol are
private legal agreements, supported by the International
Institute for the Unification of Private Law (UNIDROIT)
and the International Civil Aviation Organization (ICAO).
• These agreements are intended to improve financial
security for investors from cross-border transactions in
high-value mobile equipment, such as aircraft, rail rolling
stock and space equipment.
• The Convention enables creditors (financiers) to register
international security interests and provides standard
remedies in the event of default by the debtor.
The International Travel College of New Zealand 62
Tokyo Convention - 1963
• The ‘Convention on Offences and Certain Other Acts Committed On
Board Aircraft’, is commonly called the Tokyo Convention.
• It is an international treaty, concluded at Tokyo in 1963.
• It entered into force in 1969, and has been ratified by 185 parties.
• The Convention applies to offences against penal law and to any
acts jeopardising the safety of persons or property on board civilian
aircraft while in-flight and engaged in international air navigation.
• Coverage includes the commission of or the intention to commit
offences and certain other acts on board aircraft.
• Criminal jurisdiction may be exercised.