New Zealand — Civil Aviation Act 2023 domestic carriage and Consumer Guarantees Act 1993

The clocks it starts

• Two years to bring the statutory claim (s 283(1))Section 283(1): no action under the subpart may be brought later than two years after the aircraft arrived, ought to have arrived, or the carriage stopped. But s 283(2) is unusually generous — on application to the court after notice to the intended defendant, leave may be granted to bring an action at any time within SIX years, where it is just to do so and the delay was caused by mistake of fact, mistake of law or any other reasonable cause, or where the defendant was not materially prejudiced. Because that extension exists we have not marked the two-year point fatal, but do not rely on it: leave is discretionary and requires an application.Civil Aviation Act 2023 (NZ), s 283 (limitation of actions) — s 283 (limitation of actions)Limitation period
• Six years, the outer limit with leave (s 283(2))Fatal if missedSection 283(2) caps the extension at six years from the date the cause of action accrued. Beyond that there is no route to bringing the statutory claim at all.Civil Aviation Act 2023 (NZ), s 283 (limitation of actions) — s 283 (limitation of actions)Limitation period

What it entitles you to, beyond money

• Montreal Convention damages for delay (international carriage)On international carriage between States Parties, Art. 19 of the Montreal Convention makes the carrier liable for the damage the delay actually caused you — the unused hotel night, the missed onward booking, the extra meals and transport — unless it proves it took all measures that could reasonably be required. It is capped at 6,303 SDR per passenger (the figure ICAO set with effect from 28 December 2024) and it requires receipts, not a formula. This claim exists independently of any national scheme, and airlines never mention it. The right is extinguished two years after arrival under Art. 35.Art. 19, Art. 22(1)
• The Consumer Guarantees Act applies in parallelSection 28 guarantees that a service will be carried out with reasonable care and skill; s 30 guarantees completion within a reasonable time where the time is not fixed by the contract. Section 32 gives the consumer the options: require a remedy where the failure is remediable, and where it is not, or where it is of a substantial character within the meaning of s 36, cancel or claim damages for the reduction in value — plus, under s 32(c), damages for reasonably foreseeable consequential loss in addition.s 32 (options of consumers where services do not comply)

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

Where to take it next

1. 01Written claim to the airlineClaim your proven loss, cite s 274 and s 277 of the Civil Aviation Act 2023 and s 28 of the Consumer Guarantees Act, attach the receipts, and say why the delay caused each item. Ask the carrier to identify which s 274(2) exoneration it relies on, if any.Claim direct·typically 21 days
2. 02Consumer Protection (MBIE) and the Commerce CommissionConsumer Protection at MBIE provides guidance and can refer; the Commerce Commission enforces the Fair Trading Act against misleading conduct, which is the right complaint where an airline has misstated your rights. Neither will award you money — the Disputes Tribunal will.Regulator·typically 45 days·official page
3. 03Disputes TribunalBinding on themSection 47 of the Consumer Guarantees Act gives the Disputes Tribunal jurisdiction over claims not exceeding NZD 30,000, and s 269 of the Civil Aviation Act 2023 expressly defines "court" in the domestic carriage subpart to include the Disputes Tribunal — so the statutory delay claim can be run there too. Lawyers are not permitted, the fee is small, and referees decide on the papers and a hearing.Small claims·typically 90 days·official page
4. 04District CourtBinding on themSection 47 gives the District Court jurisdiction up to NZD 350,000, and the High Court above that. Only worth it where the loss is far beyond the Disputes Tribunal limit, which for a delay claim capped at ten times a domestic fare it will rarely be.Court·typically 240 days