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