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OST-97-2847

Air New Zealand Limited (Exemption, New Zealand-Points in the South Pacific/United States)

OST-97-2847 | August 22, 1997

Application for Exemption

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Air New Zealand Limited ("Air New Zealand"), by its undersigned counsel, hereby respectfully applies to the Department of Transportation ("DOT") for an exemption from 49 U.S.C.§ 41301, former Section 402 of the Federal Aviation Act of 1958, as amended, to engage in scheduled foreign air transportation of persons, property and mail to the full extent authorized by the 1997 U.S.-New Zealand Air Transport Agreement from points behind New Zealand via New Zealand and intermediate points in the South Pacific to a point or points in the United States, serving points in any combination and in any order.

Exhibit A – Scheduled International Air Service License | Service List

Counsel: Fulbright Jaworski, Susan Gotbetter, 212-318-3121


Air New Zealand Ltd. and United Air Lines, Inc.

OST-97-2847 | Undocketed | Undocketed | September 4, 1997

Consolidated Answer of American Airlines, Inc. and Motion for Leave to File

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American Airlines, Inc. hereby answers in opposition to the captioned applications by United Air Lines, Inc. and Air New Zealand for statements of authorization and related exemption authority to engage in various reciprocal code sharing services. To the extent required, American requests leave to file this consolidated answer.

Attachment | Service List

Counsel: Carl Nelson, Jr. 202 496 5647


Air New Zealand Ltd. and United Air Lines, Inc.

OST-97-2847 | Undocketed | September 11, 1997

Joint Reply

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United and ANZ contingently request leave to file this reply to American's late-filed answer to the application of ANZ for a statement of authorization dated August 21, 1997. American claims that that application "is closely related" to ANZ's exemption application in Docket OST-97-2847 and seeks to bootstrap its late answer to the August 21 application on the basis of such a relationship. In fact, the authority sought by ANZ in the August 21 application involves services to South Pacific islands that are wholly unrelated to the authority sought in its instant exemption application. In these circumstances, American has failed to show good cause for filing late and its motion should be denied. In the event American's motion is granted over this joint objection, United and ANZ request leave to respond to that answer as well as American's timely answer to United's application for a statement of authorization dated August 25, 1997, which is, in fact, related to ANZ's exemption application.

Service List

Counsel: Fulbright Jaworski, Susan Gotbetter for Air New Zealand; Ginsburg Feldman, Joel Burton, 202 637 9130


Air New Zealand Limited / United Air Lines, Inc. (Exemption and Statements of Authorization, Codeshare)

OST-97-2847 | Undocketed | Undocketed | September 17, 1997

Reponse of American Airlines and Motion for Leave to File

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Stripped of its overheated rhetoric, United's pleading is nothing more than a bald assertion that it is entitled to amass a series of alliance partners throughout the world -and even in the Pacific region where United is a dominant carrier -- without any scrutiny by the Department. Indeed, if another carrier dares suggest that the Department delve into United's arrangements with competing foreign airlines, United cries "harassment". There is no principled basis for permitting the alliance between United and Air New Zealand to continue (or to be expanded) without requiring that United and its partners produce information and documents of the kind and quantity that American has been compelled to produce in its dockets. The Department should not approve or renew any of United's services that entail cooperative with Star Alliance partners or potential partners (including Air New Zealand, Thai Airways, Cathay Pacific, and Singapore Airlines), until the Department has had the opportunity to review fully the competitive effects of the Star Alliance, with comments from interested parties based on documents and other evidence that United should be ordered to produce.

Attachments

Counsel: American, Carl Nelson, 202-496-5647


Air New Zealand Limited and United Air Lines, Inc. (US-New Zealand Codesharing)

OST-97-2847 and Undocketed | September 23, 1997 (Received September 24, 1997)

Reply of Air New Zealand and Motion for Leave to File

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American is raising its tit-for-tat objections in a case that is clearly pro-competitive. The proposed code-sharing arrangements would allow each carrier to offer brand new services: in Air New Zealand's case, it could offer on-line connecting services to U.S. points that it has not served before. In United's case, it could reach U.S.-South Pacific markets dominated by foreign carriers. Even in its second attempt, American still cannot drum up a single substantive reason why Air New Zealand should not be allowed to code-share to U.S. points on United's flights or why United should not be allowed to code-share on Air New Zealand's flights to the South Pacific. Rather its Response speculates about Air New Zealand and Cathay Pacific and Singapore Airlines among others as "potential partners" of the Star Alliance. Somewhere lost in this global maelstrom is Air New Zealand, which is trying for the first time to exercise the rights it gained this spring through the U.S.-New Zealand open skies agreement.

The driving force behind Air New Zealand's decision to code-share with United was the existence of the formidable Qantas-American-British Airways team in the South Pacific, as described in Air New Zealand's January 9, 1997 reply to American.

Attachment: Air New Zealand's January 9, 1997 Reply

Counsel: Fulbright Jaworski, Susan Gotbetter


Air New Zealand and United Air Lines, Inc. (Notice of Action Taken - Corrected Copy)

OST-97-2847 and Undocketed | Posted November 5, 1997

Corrected Notice of Action

This Notice corrects the description of the Relief Requested in United's application

Counsel: Susan Gotbetter for Air New Zealand / Joel Burton for United


Air New Zealand Limited

OST-97-2847 | March 3, 1998

pdficon.gif (87 bytes)Application for Amendment of Exemption

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Air New Zealand respectfully requests the Department to amend the Exemption to allow it to engage in scheduled foreign air transportation of persons, property and mail from points behind New Zealand via New Zealand and intermediate points to a point or points in the United States and beyond and in the case of all-cargo services, between the United States and any point or points, serving points in any combination and in any order, and to engage in charter air transportation as authorized by Annex II of the Agreement. Air New Zealand asks that this authority be granted until October 17, 1998, the expiration date of the Exemption, or until the Department issues an amended foreign air carrier permit incorporating the authority requested, whichever is later.

Service List | Scheduled International Air Service Licence

Counsel: Fulbright Jaworski, Susan Gotbetter, 212.752.5958


Air New Zealand - (Notice of Action Taken)

OST-97-2847 | Filed March 4, 1998 | Action Taken March 31, 1998

pdficon.gif (87 bytes)Notice of Action

AMEND exemption from 49 U.S.C. 41301, last granted October 17, 1997, to add authority to conduct: (1) scheduled foreign air transportation of persons, property and mail from points behind New Zealand, via New Zealand and intermediate points in the South Pacific, to a point or points in the United States and beyond; (2) scheduled and charter foreign air transportation of property and mail between the United States and any point(s); and (3) charter foreign air transportation of persons, property and mail between any point(s) in New Zealand and any point(s) in the United States.

Applicant representative: Susan Gotbetter, 212.318.3121


Various Foreign Air Carriers (Order Confirming Notices of Action Taken)

Order 98-7-13 | Issued July 21, 1998 | Served July 27, 1998

pdficon.gif (87 bytes)Order

By:  Paul Gretch


Trans World Airlines, Inc. and Air New Zealand Limited

OST-00-7014
OST-97-2847
March 3, 2000 Joint Application for Renewal and Amendment of Statement of Authorization and Renewal of Exemption U.S.- South Pacific
    Service List  

Counsel:  Fulbright Jaworski, Susan Gotbetter, 212.318.3121 and Glenn Wicks, 703.841.4665


Air New Zealand Limited

OST-97-2847 Filed March 3, 2000
Issued March 23, 2000
Notice of Action Taken U.S.- South Pacific

Renew exemption from 49 U.S.C. 41301 to conduct: (1) scheduled foreign air transportation of persons, property and mail from points behind New Zealand, via New Zealand and intermediate points in the South Pacific, to a point or points in the United States and beyond; (2) scheduled and charter foreign air transportation of property and mail between the United States and any points(s); and (3) charter foreign air transportation of persons, property and mail between any point(s) in New Zealand and any point(s) in the United States.

By: Paul Gretch


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