Limitation Act 2010

  • not the latest version

Reprint as at 1 March 2017

Coat of Arms of New Zealand

Limitation Act 2010

Public Act
 
2010 No 110
Date of assent
 
7 September 2010
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

1Title
2Commencement
3Purpose of this Act
4Interpretation
5Date of act or omission on which claim is based defined for certain claims
6Date on which claim is filed defined
7Act binds the Crown
8Act does not affect jurisdiction to refuse relief
9Act may be applied by analogy to equitable claims
10Defences: application, exceptions, and modifications
11Defence to money claim filed after applicable period
12Money claim defined
13Damages as well as, or in substitution for, injunction or specific performance
14Late knowledge date (when claimant has late knowledge) defined
15Defamation claims: primary period and late knowledge period each 2 years
16Special start dates for various money claims
17Discretion to allow relief for claim of abuse of minor or of gradual process, disease, or infection injury
18Matters to be taken into account under section 17
19How Act applies to land
20Crown owned minerals unaffected
21Claim to recover land (based on adverse possession)
22When claims accrue: current interests in land
23When claims accrue: future interests in land
24When claims accrue: land held on trust
25Restriction on redemption of mortgaged land
26No claims preserved by formal entry or continual claim
27Extinguishment of owner’s title after specified period
28Claims relating to Maori customary land
29Claim to recover converted or wrongly detained goods
30Extinguishment of title of owner of converted goods
31Claim to recover personal property held on trust
32Claim for account
33Claim to have will declared invalid on specified grounds
34Claim for contribution from another tortfeasor or joint obligor
35Claim to enforce judgment by action
36Claim to enforce arbitral award by action or for entry of arbitral award as judgment
37Claim for non-monetary and non-declaratory relief
38Special start dates for various other claims
39Application of limitation enactments to arbitrations
40Other enactments may displace or affect defences
41Contracting out of defences
42Defendant not excused from pleading defence
43Established defence bars relief, not underlying right
44Minority
45Incapacity
46Incapacitated and related terms defined
47Acknowledgment or part payment
48Fraud
49Trust property possessed or converted by trustee
50Discretion to allow relief for ancillary claim when allowed for original claim
51Recovery restricted to 6 years from date interest due
52Protection of title of bona fide purchasers for value
53Personal representative making or defending claim on behalf of deceased’s estate
54Trust beneficiaries cannot derive benefit indirectly
55How limitation law of foreign countries applied in civil proceedings and arbitrations
56Public policy exception for limitation law of foreign countries other than Australia
57Limitation Act 1950 repealed
58Consequential amendments
59Actions based on acts or omissions before 1 January 2011
60Amendments to Limitation Act 1950
61New section 2A inserted
2AAct continues to apply despite its repeal to actions based on acts or omissions before 1 January 2011
62New heading and sections 23A to 23D
23AActions to which longstop period of limitation applies
23BLongstop period of limitation
23CDiscretion to allow relief for action of abuse of infant or of gradual process, disease, or infection injury
23DMatters to be taken into account under section 23C
Reprint notes

The Parliament of New Zealand enacts as follows: