By Vanessa Pratley
Investigative Journalist | Kaipūrongo Whakatewhatewha
Whether it’s a rough landing or a patch of extreme turbulence, you’ve got rights if you’re hurt on a flight. We explain what you’re entitled to.
Domestic flights
If you’re injured on a domestic flight, you can make a claim with ACC. ACC is New Zealand’s accident compensation scheme. It applies to anyone injured in New Zealand, including tourists.
If your claim is accepted, ACC will cover some or all of your treatment and rehabilitation costs, as well as 80% of your income if you’re an employee and can’t work.
International flights
Your rights after turbulence on an international flight will depend on a range of factors, including:
whether you’re eligible for ACC cover
whether you have travel insurance
whether the Montreal Convention applies.
ACC
If you’re injured on an international flight, your entitlement to compensation from ACC will depend on whether you’re a New Zealand resident, or working dependent or spouse of a New Zealand resident, and have been away from New Zealand for less than 6 months.
It doesn’t matter where in the world you are when you’re injured, as long as you meet the above conditions.
ACC will cover some or all of your treatment and rehabilitation costs in New Zealand, as well as 80% of your income if you’re an employee and can’t work.
ACC won’t cover any overseas treatment or rehabilitation costs or pay up for disrupted travel or lost deposits.
Travel insurance
You might receive cover for overseas treatment costs, or other costs from any travel insurance you’ve purchased. What cover you’re entitled to will depend on your policy.
Montreal Convention
You can file for compensation under the Montreal Convention, even if you’re entitled to compensation from ACC.
Under the convention, a carrier (the operator of your flight) is liable to pay compensation of up to NZD$290,000 for injury or death caused to you on its flight. This includes compensation for any treatment or rehabilitation costs.
A carrier might be liable for compensation beyond the $290,000 limit, but if it can prove that the damage wasn’t caused by its own negligence, it won’t have to pay.
You won’t be eligible for compensation if the airline can prove your actions contributed to the injury. For example, if you didn’t wear your seatbelt when the seatbelt sign was turned on.
You can also claim compensation for damage to luggage or other personal belongings during a flight under the convention. You can claim up to $2900.
To make a claim under the Montreal Convention, you’ll need to approach the airline you flew with. Let them know in writing that you’re making a claim under the convention and include each cost you’d like compensation for.
You must make your claim under the convention within two years, or else you’ll lose the right to compensation.
Flight rights campaign
We’re calling for airlines to communicate honestly with passengers about the reason for cancellations and delays, and clearly display their rights.
