Limitation Act 1950

• Jurisdiction: New Zealand
• Citation: 1950 No 65
• Reference: 1950 No 65
• Record Number: DLM262436
• Act Number: 65
• Type of Document: Act

Contenidos

• Limitation Act 1950
• Preamble
• Contents
• 1 Short Title and commencement
• 2 Interpretation
• 2A Act continues to apply despite its repeal to actions based on acts or omissions before 1 January 2011
• Part 1
• 3 Part 1 to be subject to provisions of Part 2 relating to disability, acknowledgment, fraud, etc
• 4 Limitation of actions of contract and tort, and certain other actions
• 5 Limitation in case of successive conversions, and extinction of title of owner of converted goods
• 6 Application of Act to land of the Crown, Maori customary land, and land subject to the Land Transfer Act
• 7 Limitation of actions to recover land
• 7A Limitation of actions in relation to Maori customary land
• 8 Accrual of right of action in case of present interests in land
• 9 Accrual of right of action in case of future interests
• 10 Provisions in case of settled land and land held on trust
• 11 Accrual of right of action in case of forfeiture or breach of condition
• 12 Accrual of right of action in case of certain tenancies
• 13 Right of action not to accrue or continue unless there is adverse possession
• 14 Accrual of cause of action on claim for contribution or indemnity
• 15 Cure of defective disentailing assurance
• 16 Limitation of redemption actions
• 17 No right of action to be preserved by formal entry or continual claim
• 18 Extinction of title after expiration of period
• 19 Limitation of actions to recover rent
• 20 Limitation of actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land
• 21 Limitation of actions in respect of trust property
• 22 Limitation of actions claiming personal estate of a deceased person
• 23 Protection of persons acting in execution of statutory or other public duty
• 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
• Part 2
• 24 Extension of limitation period in case of disability
• 25 Fresh accrual of action on acknowledgment or part payment
• 26 Formal provisions as to acknowledgments and part payments
• 27 Effect of acknowledgment or part payment on persons other than the maker or recipient
• 28 Postponement of limitation period in case of fraud or mistake
• Part 2A
• 28A Interpretation
• 28B Application of this Part of this Act
• 28C Characterisation of limitation law
• Part 3
• 29 Application of Act and other limitation enactments to arbitrations
• 30 Provisions as to set-off or counterclaim
• 31 Acquiescence
• 32 Application to the Crown
• 33 Savings for other limitation enactments
• 34 Provisions as to actions already barred and pending actions
• 35 Repeals and amendments
• Schedules
• 1 United Kingdom enactments ceasing to have effect in New Zealand
• An Act Concerning Informers (31 Eliz, c 5)
• An Act for the amendment of the Law and the better Advancement of Justice (4 and 5 Anne, c 3)
• Civil Procedure Act 1833 (3 and 4 Will 4, c 42)
• Crown Suits Act 1769 (9 Geo 3, c 16)
• Limitation Act 1623 (21 Jas 1, c 16)
• Statute of Frauds Amendment Act 1828 (9 Geo 4, c 14)
• Real Property Limitation Act 1833 (3 and 4 Will 4, c 27)
• 2 New Zealand enactments amended
• Auckland Centennial Memorial Park Act 1941 (1941 No 7 (L))
• Auckland Metropolitan Drainage Act 1944 (1944 No 8 (L))
• Auckland Transport Board Act 1928 (1928 No 44)
• Christchurch District Drainage Act 1907(1907 No 30 (L))
• Christchurch Tramway District Act 1920 (1920 No 15 (L)
• Dunedin District Drainage and Sewerage Act 1900 Amendment Act 1902 (1902 No 15 (L))
• Hawke's Bay Crematorium Act 1944(1944 No 7 (L))
• Local Railways Act 1914 (1914 No 32) (1931 Reprint, Vol 7, p 967)
• 1 General
• 2 About this eprint
• 3 List of amendments incorporated in this eprint(most recent first)

Limitation Act 1950

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.

Limitation Act 1950: repealed, on 1 January 2011, by section 57 of the Limitation Act 2010 (2010 No 110).

Preamble

An Act to consolidate and amend certain enactments relating to the limitation of actions and arbitrations

Contents

1 Short Title and commencement

This Act may be cited as the Limitation Act 1950, and shall come into force on the 1st day of January 1952.

2 Interpretation

In this Act, unless the context otherwise requires,—

action means any proceeding in a Court of law other than a criminal proceeding

land includes corporeal hereditaments and rentcharges, and any legal or equitable estate or interest therein, including an interest in the proceeds of the sale of land held upon trust for sale, but save as aforesaid does not include any incorporeal hereditament

parent has the same meaning as in the Deaths by Accidents Compensation Act 1952 as for the time being extended by any other enactment

personal estate and personal property do not include chattels real

rent includes a rentcharge and a rent service

rentcharge means any annuity or periodical sum of money charged upon or payable out of land, except a rent service or interest on a mortgage on land

ship includes every description of vessel used in navigation not propelled by oars

trust and trustee have the same meanings respectively as in the Trustee Act 1956 as for the time being extended by any other enactment.

For the purposes of this Act, a person shall be deemed to be under a disability while he is an infant or of unsound mind.

For the purposes of the last preceding subsection but without prejudice to the generality thereof, a person shall be conclusively presumed to be of unsound mind while he is detained or kept in custody (otherwise than as a voluntary boarder) under any provision of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

A person shall be deemed to claim through another person if he became entitled by, through, under, or by the act of that other person to the right claimed, and any person whose estate or interest might have been barred by a person entitled to an entailed interest in possession shall be deemed to claim through the person so entitled:

Provided that a person becoming entitled to any estate or interest by virtue of a special power of appointment shall not be deemed to claim through the appointor.

References in this Act to a right of action to recover land shall include references to a right to enter into possession of the land or distress and references to the bringing of such an action shall include references to the making of such an entry or distress.

References in this Act to the possession of land shall, in the case of rentcharges, be construed as references to the receipt of rent; and references to the date of dispossession or discontinuance of possession of land shall, in the case of rentcharges, be construed as references to the date of the last receipt of rent.

In Part 2 of this Act references to a right of action shall include references to a cause of action and to a right to receive money secured by a mortgage or charge on any property or to...