When your flight is cancelled or delayed, it’s important to know what your rights are. Find out about your rights under the Civil Aviation Act (CAA) and other protections to see if you’re entitled to make a claim with the airline.
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If you’re travelling within New Zealand and your flight is cancelled or delayed, your rights under the CAA depend on the reason for the cancellation or delay.
If you’re unsure why your flight was disrupted, ask the airline. An airline must not mislead you about the reason for a disruption. If it does, it risks breaching the Fair Trading Act and could face serious penalties.
Note: These rules only apply to domestic flights within New Zealand. Domestic flights within other countries (for example, flying from LA to New York) are covered by that country’s laws. Domestic flights that are part of an international itinerary are covered by international rules.
Events within the airline’s control
If your flight is cancelled or delayed due to an event within the airline’s control, such as staffing issues, operational issues, crew strike or mechanical problems, you may be entitled to reimbursement of your reasonable expenses (such as meals, taxis or accommodation), as well as a refund or rebooking.
The airline’s maximum liability is 10 times the cost of your ticket. Keep your receipts to support your claim.
Note: You are expected to act reasonably! For example, if your flight is only delayed by 10 minutes, you can’t demand a refund. And if you’re forced to stay overnight somewhere, you won’t be able to claim back the cost of a luxury hotel unless that was the only accommodation available.
If you are rebooked on a new flight and the time doesn’t suit, you can ask if there are other options available.
These rights also apply if you’re bumped from a flight because the airline has overbooked it. Airlines may also offer additional compensation or assistance under their conditions of carriage if you’re bumped. Check with the airline.
You may also have rights under the Consumer Guarantees Act (CGA) if the airline failed to carry out its services with reasonable care and skill or its services are not fit for purpose or not completed within a reasonable time. But a CAA claim is usually simpler because it states that the airline is liable unless it can prove otherwise.
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Events outside the airline’s control
If your flight is cancelled or delayed due to an event outside the airline’s control, such as severe weather, bird strike, war, pandemic, medical emergency or air traffic control restrictions, your rights are more limited.
The CAA doesn’t require airlines to reimburse you in these situations. Your rights depend on the airline’s terms and conditions. In most cases:
Airlines will offer you a credit or rebook you on the next available flight. If that flight time doesn’t suit you, you can ask about alternative options.
If you booked refundable fares, you can ask for a refund, but the refund could take time to process.
Additional costs, like accommodation, meals or taxis, are generally not covered.
If your circumstances change and you can no longer take a flight that you’ve booked, your options depend on your fare type. Refundable fares allow refunds, while non-refundable fares usually allow credit or changes, sometimes with fees. If you’re not sure, ask the airline or the agent you booked through.
If you’ve purchased domestic travel insurance, check the policy to see what it offers.
How to make a claim
If you’re out of pocket due to a cancellation or delay, contact the airline and ask if you’re entitled to claim back anything more under the CAA.
If an airline rejects your claim or you’re not satisfied with its response, you can lodge a claim at the Disputes Tribunal.
If you think you’ve been misled, you can lodge a complaint with the Commerce Commission.
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