Limitation Act 1950

Before its repeal, this Act was administered by: Ministry of Justice
  • repealed
  • Limitation Act 1950: repealed, on 1 January 2011, by section 57 of the Limitation Act 2010 (2010 No 110).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 Act
1950 No 65
Date of assent
1 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Limitation Act 1950: repealed, on 1 January 2011, by section 57 of the Limitation Act 2010 (2010 No 110).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
1Short Title and commencement
2Interpretation
2AAct 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
3Part 1 to be subject to provisions of Part 2 relating to disability, acknowledgment, fraud, etc
Actions of contract and tort and certain other actions
4Limitation of actions of contract and tort, and certain other actions
5Limitation 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
6Application of Act to land of the Crown, Maori customary land, and land subject to the Land Transfer Act
7Limitation of actions to recover land
7ALimitation of actions in relation to Maori customary land
8Accrual of right of action in case of present interests in land
9Accrual of right of action in case of future interests
10Provisions in case of settled land and land held on trust
11Accrual of right of action in case of forfeiture or breach of condition
12Accrual of right of action in case of certain tenancies
13Right of action not to accrue or continue unless there is adverse possession
14Accrual of cause of action on claim for contribution or indemnity
15Cure of defective disentailing assurance
16Limitation of redemption actions
17No right of action to be preserved by formal entry or continual claim
18Extinction of title after expiration of period
19Limitation of actions to recover rent
Actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land
20Limitation 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
21Limitation of actions in respect of trust property
22Limitation of actions claiming personal estate of a deceased person
23Protection of persons acting in execution of statutory or other public duty [Repealed]
Longstop period of limitation
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
Part 2
Extension of limitation periods in case of disability, acknowledgment, part payment, fraud, and mistake
Disability
24Extension of limitation period in case of disability
Acknowledgment and part payment
25Fresh accrual of action on acknowledgment or part payment
26Formal provisions as to acknowledgments and part payments
27Effect of acknowledgment or part payment on persons other than the maker or recipient
Fraud and mistake
28Postponement of limitation period in case of fraud or mistake
Part 2A
Application of limitation law of overseas countries
28AInterpretation
28BApplication of this Part of this Act
28CCharacterisation of limitation law
Part 3
General
29Application of Act and other limitation enactments to arbitrations
30Provisions as to set-off or counterclaim
31Acquiescence
32Application to the Crown
33Savings for other limitation enactments
34Provisions as to actions already barred and pending actions
35Repeals 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