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


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


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


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


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


Carriage of Goods Act 1979

• Domestic transport in New Zealand, by air, land and water, is governed by the Carriage of Goods Act

• 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.


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.


Land Transport Act 1988

• The Act promotes safe road user behaviour and vehicle safety, and:

• provides for a system of rules governing road user behaviour

• 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 transport


Drivers to belicensed

Land Transport Act1988

No impersonatingenforcement officers

Drivers not to drive under influence

of drink or drugs

Drivers not to drink and drive

Road users to comply with rules

Loads to be secured &

not overloaded

Licensing of taxi organisations

Drivers not to be dangerous

or careless

Vehicles to be safe

Vehicles to be registered & licensed

Compliance with police officers

No street or drag racing

Restriction of heavy traffic on roads

No altering ofodometer &

speedometer

No giving false information

No interfering withspeed measuring

devices

Enforcement procedures

Driving offences

Rules around logbooks

Penalty regime

Features relating to drivers

Features relating to vehicles

Features relating to offending

Features relating to other aspects of road users


Civil Aviation (Passenger Agents Commission Regime)

Notice 1983• 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 carrier.


General Business Legislation

The laws that follow relate to all businesses and people living and

working in New Zealand and are not sector specific


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.


Institutions to settle employment disputes

The Employment Relations AuthorityThe ERA is an investigative body that examines the facts of the case in seeking to resolve problems with the parties' employment relationship.

The Mediation ServiceThe 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 CourtThe Employment Court is a court of record and has equal standing to the High Court of New Zealand.


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.


Employment Agreements

Employment Legislation

Break entitlements

Health and Safety

Sick leave

Retirement

Wages & record keeping

Resignation

Dismissal

Public holidays

Union membership rights

Restructuring & redundancy

Annual holidays

Other types of leave

Flexible working arrangements

Dispute resolution

Pay rates

End of employment

Start of employment

During employment


Regulatory Framework

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?


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.


MoT Structure

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.


The NZ Transport Agency

‘The NZ Transport Agency creates transport solutions for a thriving New Zealand.’

Achieved through four core business functions:1. Planning the land transport networks2. Investing in land transport3. Managing the state highway network, and4. Providing access to and use of the land transport system.


Key roles of the NZ Transport Agency

Regulating access and use through:

• driver testing services

• issuing driver licenses and transport service licenses

• vehicle certification, registration and licensing activities

• collecting road user charges and other revenue.


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)

Regulations 2011 • Land Transport (Driver Licensing) Rule 1999 • Land Transport (Road User) Rule 2004


• 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

airlines 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 forecasters.

Civil Aviation Authority


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 each year.

• 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.


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 business.

• A staff of 750 deliver the following services to both NZ and the international community:

– 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 Zealand

– 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


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).


International Civil Aviation Organisation (ICAO)

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

Member States.


International Air Transport Association (IATA)

• 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.


IATA activities• 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


IATA Membership

• 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.


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


Maritime New ZealandMaritime 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

standards– 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

Zealand coast– 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

Plan– 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.


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 travel.

• 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 agent.


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)


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 process.


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

Bonding Scheme.• 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.


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.


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.


Processes and Structures

The Legislative Process


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.


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 between neighbours.


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 property. •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 organizations.


International law enforcement• International law is enforced primarily and officially thorough

cooperation. • It concerns the structure and conduct of states and

intergovernmental organizations. • International law also may affect multinational corporations and

individuals.• 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 intergovernmental organizations


District CourtGeneral jurisdiction

Family divisionDisputes Tribunal

The Court System in New Zealand

High Court

Court of Appeal

Supreme Court of New Zealand

Administrative Tribunals

Employment Court


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.


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 $7500).

• 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.


Other Divisions of the District Courts

• Youth Court - deals primarily with youth justice issues

• Maori Land Court - deals with Maori rights and land claims

• 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.


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.


Court of Appeal• Court of Appeal is based in Wellington but has ‘divisions’ in Auckland

and Christchurch.

• 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.


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 and re-examined.


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


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 Parliament.

• 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.


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 titles.

• 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’)


Judges

• 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 from government.

• Nominations for most judicial appointments are made by the Attorney General.


Arbitration• 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.


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.


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.


Warsaw Convention - requirementsThe 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 brought

limits a carrier's liability to specified amounts

If the carrier is found at fault for the accident there are no liability limits.


Hague Protocol - 1955• Between 1948-51the Warsaw Convention was studied by a legal

committee and in 1952 a new draft prepared to replace the convention.

• It was rejected and decided that the convention be amended rather than replaced.

• 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.


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 carrier.

• This convention specifically relates to the carriage of cargo


Montreal Convention - 1999• The Montreal Convention is a treaty adopted by ICAO member states in

1999.• 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 liability insurance.

• 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 of 1999.


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.


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.

Legilsation & Ethics in the Travel & Tourism Sector

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