Service industries are permitted to discriminate against customers with special needs where it is not reasonable to provide the service without charging extra. Air
The Human Rights Act 1993 seeks to reduce discrimination, but it is not designed to force suppliers to cater for the needs of the disabled.
An Air NZ passenger alleged the airline was in breach of the Act by requiring her to organise and pay for her own oxygen support on domestic flights and to pay for oxygen supplied on international flights.
She required oxygen when flying because of a muscle weakness limiting the capacity to draw in enough air. Airlines carry supplementary oxygen as a safety measure on all flights and this should be made available to her free of charge, she argued.
In respect of domestic flights, Air NZ said any passenger requiring supplementary oxygen was in the same position as a disabled passenger who required a travelling companion – it was reasonable that she be required to provide her own oxygen equipment (of a certified type and standard) and pay for a supplementary seat to accommodate the equipment.
As regards international flights, international transport safety regulations prohibit individual passengers from bringing their own oxygen equipment on board. Air NZ did provide oxygen in these cases, charging a flat rate of US$75 per sector flown. The Court of Appeal ruled that this charge was reasonable as it was some 20% of the real cost of providing a separate supplementary oxygen supply to one passenger.
Smith v. Air New
02.11.002