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