Deaths by Accidents Compensation Amendment Act 1950

Public Act		1950 No 58
Date of assent		23 November 1950

	Title
1	Short Title and commencement.
2	Restriction on number of actions, and period of limitation.

An Act to Amend the Deaths by Accidents Compensation Act, 1908.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title and commencement.

(1)

This Act may be cited as the Deaths by Accidents Compensation Amendment Act, 1950, and shall be read together with and deemed part of the Deaths by Accidents Compensation Act, 1908 (hereinafter referred to as the principal Act).

(2)

This Act shall come into force on the first day of January, nineteen hundred and fifty-two.

2 Restriction on number of actions, and period of limitation.

The principal Act is hereby amended by repealing section eight, and substituting the following sections:—

“8

Not more than one action shall lie for the same subject matter of complaint.

“8a

1950, No. 65

“(1)

This section shall apply to every action under this Act to which section twenty-three of the Limitation Act, 1950, does not apply.

“(2)

No action under this Act shall be brought after the expiration of two years from the date of the death of the person deceased:

“Provided that application may be made to the Court, after notice to the intended defendant, for leave to bring such an action at any time within six years after the date of the death of the person deceased; and the Court may, if it thinks it is just to do so, grant leave accordingly, subject to such conditions (if any) as it thinks it is just to impose, where it considers that the delay in bringing the action was occasioned by mistake or by any other reasonable cause or that the intended defendant was not materially prejudiced in his defence or otherwise by the delay.”

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Deaths by Accidents Compensation Amendment Act 1950