16 Special start dates for various money claims

(1)

For the purposes of section 11(1) and (3)(b), the primary and longstop periods of a claim specified in one of the following paragraphs have the start date specified in that paragraph:

(a)

a claim for, or for arrears of, or for damages in respect of arrears of, interest or rent—the date on which the interest, rent, or arrears became payable:

(b)

a claim for conversion or wrongful detention made in respect of goods that have been the subject of 1 or more earlier instances of conversion or wrongful detention, and made by a person referred to in section 30 as the original claimant—the date of the original or first conversion or (as the case requires) wrongful detention:

(c)

a claim to recover a principal sum of money secured by a mortgage over property that is or includes a future interest, or a life insurance policy, that has not matured or been determined—the date on which the interest or policy matures or is determined:

(d)

a claim in respect of a beneficiary’s future interest in a trust—the date on which the beneficiary’s interest in the trust falls into possession:

(e)

a claim in respect of a beneficiary’s discretionary interest in a trust—the date on which the beneficiary first becomes entitled to trust income or property because of the trustees’ discretion being exercised in the beneficiary’s favour:

(f)

a claim to, or for a share or interest in, the personal estate (whether under a will or on an intestacy) of an individual who has died—the date on which the right to receive the share or interest accrued:

(g)

a claim for cancellation of an irregular transaction and for an order under section 207 of the Insolvency Act 2006—the date on which the assignee of the bankrupt, or appointee of the estate of the deceased debtor, was appointed:

(h)

a claim under section 213 of the Insolvency Act 2006—the date on which the assignee of the bankrupt was appointed:

(i)

a claim under section 301 of the Companies Act 1993—the date on which the liquidator of the company or overseas company was appointed:

(j)

a claim under section 54 of the Corporations (Investigation and Management) Act 1989 or section 138 of the Reserve Bank of New Zealand Act 1989—the date on which the corporation or bank was declared to be subject to statutory management.

(2)

When section 301 of the Companies Act 1993 applies, in accordance with section 55 of the Corporations (Investigation and Management) Act 1989 or section 139 of the Reserve Bank of New Zealand Act 1989, to a corporation or a registered bank subject to statutory management, the date in subsection (1)(i) must be read as the date on which the corporation or bank was declared to be subject to statutory management.

Compare: 1950 No 65 ss 2(7)(c), 4(4), 5(1), 19, 20(3), proviso to 21(2), 22