On 18 October 2024, the International Civil Aviation Organisation (ICAO) announced the liability limits for death, injury, delays, baggage and cargo claims will increase from 28 December 2024 under the Montreal Convention 1999.
This adjustment aligns with the Convention’s built-in five-year review mechanism to account for inflation.
In the announcement, ICAO’s Secretary General emphasised the Convention’s role in protecting passengers and cargo interests. The Convention protects fair compensation and provides a unified framework for passenger, baggage, and cargo transport liability, balancing the interests of consumers and air carriers.
ICAO has requested the Convention’s signatories, including New Zealand, amend domestic legal requirements to give full effect to the revised limits as of 28 December 2024.
The increased limits are as follows:
|
Type of Injury |
Current Limit |
Increased Limit |
|
Death or bodily injury |
128,821 SDRs |
151,880 SDRs (≈ NZD 336,661.97) |
|
Delay in passenger transport |
5,346 SDRs |
6,303 SDRs (≈ NZD 13,971.43) |
|
Destruction, loss, damage, or delay of baggage |
1,288 SDRs |
1,519 SDRs (≈ NZD 3,367.06) |
|
Destruction, loss, damage, or delay of cargo |
22 SDRs per kg |
26 SDRs per kg (≈ NZD 57.63 per kg) |
* NZD value is based on exchange rates on 5 November 2024.
If you have any questions about the Montreal Convention or aviation claims please get in touch with our Trade and Transport team or your usual contact at Hesketh Henry.
Disclaimer: The information contained in this article is current at the date of publishing and is of a general nature. It should be used as a guide only and not as a substitute for obtaining legal advice. Specific legal advice should be sought where required.
