時間：2015-01-01 10:26來源：藍天飛行翻譯公司 作者：民航翻譯 點擊：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. 91H Value of special drawing right (1) For the purposes of Article 23 of the Montreal Convention or Article 22 of the amended Convention, the value of 1 special drawing right must be treated as equal to such a sum in New Zealand currency as is fixed by the International Monetary Fund as being the equivalent of 1 special drawing right for— (a) the date of judgment; or (b) any other relevant date; or (c) if no sum has been so fixed for that date, the last preceding date for which a sum has been so fixed. (2) For the purposes of subsection (1), a certificate may be given by or on behalf of the Secretary to the Treasury stating that— (a) a particular sum in New Zealand currency has been fixed as the equivalent of 1 special drawing right for a particular date; or (b) no sum has been fixed for that date, and that a particular sum has been so fixed for the date most recently preceding a particular date. (3) Any certificate given under subsection (2) must be received in evidence in any proceedings and, in the absence of proof to the contrary, is sufficient evidence of the value of 1 special drawing right in terms of the New Zealand currency for the purposes of subsection (1). (4) Unless the context otherwise requires, references in this section to Article 22 of the amended Convention are, subject to any necessary modifications, to be read as references to that Article as applied or supplemented by Article 25A of the amended Convention and Articles V and VI of the Guadalajara Convention. Compare: 1967 No 151 s 10(4), (4A), (5); 1990 No 102 s4 Section 91H: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). Section 91H(1): amended, on 4 November 2003, by section 30(1) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91H(4): amended, on 4 November 2003, by section 30(2) of the Civil Aviation Amendment Act 2002 (2002 No 15). 91I Time for bringing proceedings (1) No action against a carrier’s servant or agent, which arises out of damage to which this Part relates, may be brought after more than 2 years if the servant or agent was acting within the scope of that person’s employment. (2) For the purposes of subsection (1), the period of 2 years is calculated from the earliest of the following dates: (a) the date of arrival at the destination: (b) the date the aircraft ought to have arrived: (c) the date carriage stopped. (3) Neither Article 35 of the Montreal Convention nor Article 29 of the amended Convention applies to any proceedings for contribution between tortfeasors. (4) Despite subsection (3), no action may be brought by a tort-feasor to obtain a contribution from a carrier in respect of a tort to which Article 35 of the Montreal Convention or Article 29 of the amended Convention applies after the expiration of 2 years from the time when judgment is obtained against the person seeking to obtain the contribution. (5) Subsections (1) to (4) and the provisions of Article 35 of the Montreal Convention and Article 29 of the amended Convention have effect as if references in those provisions to an action included references to an arbitration. (6) Subsections (7) and (8) (which determine the time at which an arbitration is deemed to have commenced) apply for the purposes of subsection (5). (7) An arbitration (whether under an enactment or under an arbitration agreement) must be treated as being commenced in the same manner as provided in Article 21 of Schedule 1 of the Arbitration Act 1996. (8) If the High Court orders that an award be set aside, it may also order that the period between the commencement of the arbitration and the date of the setting aside order must be excluded in computing the time prescribed by this section for the commencement of civil proceedings (including arbitration) with respect to the dispute referred. (9) Subsections (6) to (8) do not limit or affect section 39 of the Limitation Act 2010. Compare: 1967 No 151 s 11 Section 91I: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). Section 91I(3): substituted, on 4 November 2003, by section 31(1) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 9 1I(4): amended, on 4 November 2003, by section 31(2) of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 91I(5): substituted, on 1 January 2011, by section 58 of the Limitation Act 2010 (2010 No 110). Section 91I(6): added, on 1 January 2011, by section 58 of the Limitation Act 2010 (2010 No 110). Section 91I(7): added, on 1 January 2011, by section 58 of the Limitation Act 2010 (2010 No 110). Section 91I(8): added, on 1 January 2011, by section 58 of the Limitation Act 2010 (2010 No 110). Section 91I(9): added, on 1 January 2011, by section 58 of the Limitation Act 2010 (2010 No 110). 91J Actions against High Contracting Parties (1) Every High Contracting Party to the amended Convention is to be regarded as having submitted to the jurisdiction of the court in the circumstances described in subsection (2). (2) Subsection (1) applies where any action is brought in a court in New Zealand by a High Contracting Party in accordance with the provisions of Article 28 of the amended Convention or Article VIII of the Guadalajara Convention to enforce a claim in respect of carriage undertaken by that Party. (3) Rules of court may provide for the manner in which any action to which subsection (1) applies is to be commenced and carried on. (4) Nothing in this section authorises the issue of execution against the property of any High Contracting Party. (5) Subsection (1) does not apply to any High Contracting Party to the amended Convention which has availed itself of the provisions of the Additional Protocol, which appears before the Additional Provisions of the Hague Protocol affecting the Warsaw Convention in the amended Convention, as set out in Schedule 4. Compare: 1967 No 151 s 14 Section 91J: inserted, on 1 December 1999, by section 3 of the Civil Aviation Amendment Act 1999 (1999 No 70). 91JA Actions against Parties to Montreal Convention (1) Every Party to the Montreal Convention is to be regarded as having submitted to the jurisdiction of the court in the circumstances described in subsection (2). (2) Subsection (1) applies if any action is brought in a court in New Zealand by a Party to the Montreal Convention in accordance with Article 46 of the Montreal Convention to enforce a claim in respect of carriage undertaken by that Party. (3) Rules of court may provide for the manner in which any action to which subsection (1) applies is to be commenced and carried on. (4) Nothing in this section authorises the issue of execution against the property of any Party to the Montreal Convention. Section 91JA: inserted, on 4 November2003, by section 32 of the Civil Aviation Amendment Act 2002 (2002 No 15). 91K Designation of Parties (1) The Governor-General may from time to time, by Order in Council, certify— (a) the identity of— (i) the High Contracting Parties to the amended Convention; or (ii) the Parties to the Guadalajara Convention; or (iii) the Parties to the Hague Protocol; or (iv) the Parties to Additional Protocol No 1; or (v) the Parties to Additional Protocol No 2; or (vi) the Parties to Protocol No 4; or (vii) the High Contracting Parties to the Warsaw Convention; or (viii) the Parties to the Montreal Convention; or (b) the territories in respect of which the parties referred to in paragraph (a)(i), (ii), (iii), (iv), (v), (vi), (vii), or (viii) are respectively parties; or (c) to what extent the parties referred to in paragraph (a)(i), |
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