Limitation Act 2010

• Jurisdiction: New Zealand
• Reference: 2010 No 110
• Citation: 2010 No 110
• Record Number: DLM2033100
• Act Number: 110
• Type of Document: Act

Contenidos

• Limitation Act 2010
• Contents
• 1 Title
• 2 Commencement
• Part 1
• 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
• 9 Act may be applied by analogy to equitable claims
• 10 Defences: application, exceptions, and modifications
• Part 2
• 11 Defence to money claim filed after applicable period
• 12 Money claim defined
• 13 Damages as well as, or in substitution for, injunction or specific performance
• 14 Late knowledge date (when claimant has late knowledge) defined
• 15 Defamation claims: primary period and late knowledge period each 2 years
• 16 Special start dates for various money claims
• 17 Discretion to allow relief for claim of abuse of minor or of gradual process, disease, or infection injury
• 18 Matters to be taken into account under section 17
• Part 3
• 19 How Act applies to land
• 20 Crown owned minerals unaffected
• 21 Claim to recover land (based on adverse possession)
• 22 When claims accrue: current interests in land
• 23 When claims accrue: future interests in land
• 24 When claims accrue: land held on trust
• 25 Restriction on redemption of mortgaged land
• 26 No claims preserved by formal entry or continual claim
• 27 Extinguishment of owner's title after specified period
• 28 Claims relating to Maori customary land
• 29 Claim to recover converted or wrongly detained goods
• 30 Extinguishment of title of owner of converted goods
• 31 Claim to recover personal property held on trust
• 32 Claim for account
• 33 Claim to have will declared invalid on specified grounds
• 34 Claim for contribution from another tortfeasor or joint obligor
• 35 Claim to enforce judgment by action
• 36 Claim to enforce arbitral award by action or for entry of arbitral award as judgment
• 37 Claim for non-monetary and non-declaratory relief
• 38 Special start dates for various other claims
• Part 4
• 39 Application of limitation enactments to arbitrations
• 40 Other enactments may displace or affect defences
• 41 Contracting out of defences
• 42 Defendant not excused from pleading defence
• 43 Established defence bars relief, not underlying right
• 44 Minority
• 45 Incapacity
• 46 Incapacitated and related terms defined
• 47 Acknowledgment or part payment
• 48 Fraud
• 49 Trust property possessed or converted by trustee
• 50 Discretion to allow relief for ancillary claim when allowed for original claim
• 51 Recovery restricted to 6 years from date interest due
• 52 Protection of title of bona fide purchasers for value
• 53 Personal representative making or defending claim on behalf of deceased’s estate
• 54 Trust beneficiaries cannot derive benefit indirectly
• 55 How limitation law of foreign countries applied in civil proceedings and arbitrations
• 56 Public policy exception for limitation law of foreign countries other than Australia
• 57 Limitation Act 1950 repealed
• 58 Consequential amendments
• 59 Actions based on acts or omissions before 1 January 2011
• 60 Amendments to Limitation Act 1950
• 61 New section 2A inserted
• 2A Act continues to apply despite its repeal to actions based on acts or omissions before 1 January 2011
• 62 New heading and sections 23A to 23D
• 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
• Schedules
• Consequential amendments
• Arbitration Act 1996 (1996 No 99)
• Building Act 2004 (2004 No 72)
• Child Support Act 1991 (1991 No 142)
• Civil Aviation Act 1990 (1990 No 98)
• Construction Contracts Act 2002 (2002 No 46)
• Contractual Remedies Act 1979 (1979 No 11)
• Crown Proceedings Act 1950 (1950 No 54)
• Customs and Excise Act 1996 (1996 No 27)
• Defamation Act 1992 (1992 No 105)
• Disputes Tribunals Act 1988 (1988 No 110)
• Government Roading Powers Act 1989 (1989 No 75)
• Land Act 1948 (1948 No 64)
• Land Transfer Act 1952 (1952 No 52)
• Law Reform Act 1936 (1936 No 31)
• Local Government (Rating) Act 2002 (2002 No 6)
• Motor Vehicle Sales Act 2003 (2003 No 12)
• Patents Act 1953 (1953 No 64)
• Prisoners' and Victims' Claims Act 2005 (2005 No 74)
• Property Law Act 2007 (2007 No 91)
• Protected Objects Act 1975 (1975 No 41)
• Public Trust Act 2001 (2001 No 100)
• Public Works Act 1981 (1981 No 35)
• Securities Act 1978 (1978 No 103)
• Sharemilking Agreements Act 1937 (1937 No 37)
• Social Security Act 1964 (1964 No 136)
• Summary Proceedings Act 1957 (1957 No 87)
• Tariff Act 1988 (1988 No 155)
• Tax Administration Act 1994 (1994 No 166)
• Te Ture Whenua Maori Act 1993 (1993 No 4)
• Trustee Act 1956 (1956 No 61)
• Weathertight Homes Resolution Services Act 2006 (2006 No 84)
• 1 General
• 2 Legal status
• 3 Editorial and format changes
• 4 Amendments incorporated in this consolidation

Limitation Act 2010

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

Contents

1 Title

This Act is the Limitation Act 2010.

2 Commencement

This Act comes into force on 1 January 2011.

Part 1

3 Purpose of this Act

The purpose of this Act is to encourage claimants to make claims for monetary or other relief without undue delay by providing defendants with defences to stale claims.

4 Interpretation

In this Act, unless the context...