Travel compensation for delays falls under the Montreal Convention which specifies that “the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures”

There are two issues.

Firstly, the “all reasonable measures” clause is used to justify all and any delays including where planned scheduled maintenance or the unavailability of the crew to operate cause delays or cancellations. The use of this clause needs clarification and guidance as to what is “all reasonable measures”. 

The second is domestic carriage on "other airlines".

As Air New Zealand is withdrawing flights out of the smaller regional airport’s travellers need to use other New Zealand domestic airlines. When delays occur airlines use the "all reasonable clause to avoid paying for damages. 

Regional customers facing delays or cancellations must pay for new flights or changes to flights as onward carriage is not guaranteed if booked flights are not on the same airline or on the same ticket number. This is currently not possible, especially on international flights. 

This results in the knock-on effect that when one airline cancels a flight and onward carriage is on a different airline the customer is usually out of pocket and bearing the expenses. Even with insurance the customer is usually carrying additional expenses. 

Three amendments are sought;

1 The definition of all reasonable issues to be amended to exclude activities that can be considered reasonable and within the Airline's control. For example, lack of sufficient crew availability and planned long-term maintenance delays are to be excluded as reasonable measures to decline compensation.

2 The airline causing the delay shall bear the responsibility of costs even if not ticketed to fly on the airline causing the delay. 

3 Prevent the double charging (exploitation of circumstance) of flights by making all New Zealand airlines allow passengers to travel on flights for the sector booked where seats are available. This is regardless of the cause and airline causing the delay, except where the delay can be attributed to the customer’s negligence.