Limitation Act 1950 No 65 (as at 01 January 2011), Public Act

  • repealed
  • Limitation Act 1950: repealed, on 1 January 2011, by section 57 of the Limitation Act 2010 (2010 No 110).

Reprint as at 1 January 2011

Limitation Act 1950

Public Act1950 No 65
Date of assent1 December 1950
  • Limitation Act 1950: repealed, on 1 January 2011, by section 57 of the Limitation Act 2010 (2010 No 110).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Justice.


Contents

Title

1 Short Title and commencement

2 Interpretation

2A Act continues to apply despite its repeal to actions based on acts or omissions before 1 January 2011

Part 1
Periods of limitation for different classes of action

3 Part 1 to be subject to provisions of Part 2 relating to disability, acknowledgment, fraud, etc

Actions of contract and tort and certain other actions

4 Limitation of actions of contract and tort, and certain other actions

5 Limitation in case of successive conversions, and extinction of title of owner of converted goods

Actions to recover land and rent, and accrual of rights and causes of action

6 Application of Act to land of the Crown, Maori customary land, and land subject to the Land Transfer Act

7 Limitation of actions to recover land

7A Limitation of actions in relation to Maori customary land

8 Accrual of right of action in case of present interests in land

9 Accrual of right of action in case of future interests

10 Provisions in case of settled land and land held on trust

11 Accrual of right of action in case of forfeiture or breach of condition

12 Accrual of right of action in case of certain tenancies

13 Right of action not to accrue or continue unless there is adverse possession

14 Accrual of cause of action on claim for contribution or indemnity

15 Cure of defective disentailing assurance

16 Limitation of redemption actions

17 No right of action to be preserved by formal entry or continual claim

18 Extinction of title after expiration of period

19 Limitation of actions to recover rent

Actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land

20 Limitation of actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land

Actions in respect of trust property or the personal estate of deceased persons

21 Limitation of actions in respect of trust property

22 Limitation of actions claiming personal estate of a deceased person

23 Protection of persons acting in execution of statutory or other public duty [Repealed]

Longstop period of limitation

23A Actions to which longstop period of limitation applies

23B Longstop period of limitation

23C Discretion to allow relief for action of abuse of infant or of gradual process, disease, or infection injury

23D Matters to be taken into account under section 23C

Part 2
Extension of limitation periods in case of disability, acknowledgment, part payment, fraud, and mistake

Disability

24 Extension of limitation period in case of disability

Acknowledgment and part payment

25 Fresh accrual of action on acknowledgment or part payment

26 Formal provisions as to acknowledgments and part payments

27 Effect of acknowledgment or part payment on persons other than the maker or recipient

Fraud and mistake

28 Postponement of limitation period in case of fraud or mistake

Part 2A
Application of limitation law of overseas countries

28A Interpretation

28B Application of this Part of this Act

28C Characterisation of limitation law

Part 3
General

29 Application of Act and other limitation enactments to arbitrations

30 Provisions as to set-off or counterclaim

31 Acquiescence

32 Application to the Crown

33 Savings for other limitation enactments

34 Provisions as to actions already barred and pending actions

35 Repeals and amendments

Schedule 1
United Kingdom enactments ceasing to have effect in New Zealand

Schedule 2
New Zealand enactments amended

Reprint notes


An Act to consolidate and amend certain enactments relating to the limitation of actions and arbitrations