Limitation Act 2010

1: Title
This Act is the Limitation Act 2010.
2: Commencement
This Act comes into force on 1 January 2011.
1: Preliminary provisions
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 otherwise requires,— ancillary claim original claim
a: a claim that arises from, or results in, the addition of 1 or more parties to the original claim; or
b: a counterclaim; or
c: a claim by way of set-off; or
d: a claim that is added to, or substituted for, the original claim; or
e: a claim made by way of a third party, fourth party, or subsequent party procedure; or
f: any other claim that is ancillary to the original claim arbitration section 39(1) civil penalty
a: a fine:
b: an amount of compensation, reparation, or restitution civil proceeding claim
a: that may be made in a court or tribunal (other than in a criminal or disciplinary proceeding); or
b: the dispute relating to which may be referred to arbitration claim to recover land claimant section 53 deceased country date of the act or omission on which the claim is based section 5(1) date on which the claim is filed section 6 defendant Disputes Tribunal
a: the Disputes Tribunal established under section 4
b: a Motor Vehicle Disputes Tribunal exercising under section 89(1)(b)(iii) or (iv) the Disputes Tribunal’s
i: section 39 47
ii: sections 43 to 48 foreign country fraud
a: dishonest or fraudulent concealment; and
b: fraudulent breach of trust goods land
a: includes an interest under a lease of real property; but
b: does not include an easement or a profit à prendre late knowledge period section 11(3)(a) limitation enactments section 39(1) limitation law
a: a law that limits or excludes liability or bars a right to bring civil proceedings or to have a matter determined by arbitration by reference to the time when civil proceedings or an arbitration in respect of the matter are commenced; or
b: a law that provides that civil proceedings in respect of a matter may be commenced within an indefinite period longstop period section 11(3)(b) make
a: making it in a civil proceeding commenced in a court or tribunal in accordance with rules of court or other laws relating to the claim; or
b: referring the dispute relating to the claim to arbitration Maori customary land Te Ture Whenua Maori Act 1993 money money claim section 12 mortgage Part 3 period Part 3 personal property
a: includes goods; but
b: does not include money or an interest under a lease of real property primary period section 11(1) specified court or tribunal
a: the High Court, the District Court, the Family Court, or a Disputes Tribunal; or
b: the Employment Court, the Environment Court, or the Maori Land Court start date trust
a: an express trust under the Trusts Act 2019
b: a trust that is not an express trust but that is created by or under an enactment; and
c: a trust that is not an express trust but that is recognised at common law or in equity as being a trust; and
d: a resulting trust; and
e: a constructive trust trustee 1950 No 65 ss 2(1), (5), (6) 4(5) 7A 28A 30 Section 4 Disputes Tribunal replaced 1 March 2017 section 261 District Court Act 2016 Section 4 Disputes Tribunal amended 1 March 2017 section 261 District Court Act 2016 Section 4 Disputes Tribunal replaced 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 4 specified court or tribunal replaced 1 March 2017 section 261 District Court Act 2016 Section 4 trust inserted 30 January 2021 section 161 Trusts Act 2019 Section 4 trust trustee repealed 30 January 2021 section 161 Trusts Act 2019 Section 4 trustee inserted 30 January 2021 section 161 Trusts Act 2019
5: Date of act or omission on which claim is based defined for certain claims
1: For a claim of a kind specified in one of the following paragraphs, the date of the act or omission on which the claim is based
a: a claim based on an obligation not enforceable until a demand is made—the date on which the defendant defaulted after demand was made; and
b: a claim in respect of an infringement after publication of the complete specification and before sealing of a patent sealed under the Patents Act 1953
ba: a claim in respect of an infringement after the complete specification becomes open to public inspection and before the patent is granted under the Patents Act 2013
c: a claim in respect of an infringement (of a registered design or trade mark) in subsection (2)—the date on which the infringement was committed or occurred.
2: Subsection (1)(c) applies to—
a: an infringement of a design registered under the Designs Act 1953 section 7(5) section 21(2)
b: an infringement of a registered trade mark (as defined in section 5(1) section 100(a) or (b) Section 5(1)(ba) inserted 13 September 2014 section 249 Patents Act 2013
6: Date on which claim is filed defined
1: For a claim made in a civil proceeding commenced in a specified court or tribunal, the date on which the claim is filed
2: For a claim the dispute relating to which is referred to arbitration, the date on which the claim is filed
a: personally served on the defendant; or
b: left at the usual or last known place of residence in New Zealand of the defendant; or
c: sent by registered post to the defendant’s usual or last known place of residence in New Zealand; or
d: served on the defendant in accordance with any other applicable law providing for the means of service of the notice; or
e: served on the defendant by a means provided for in the arbitration agreement.
3: Request for the dispute to be referred to arbitration
a: requires the other party to appoint, or to agree on the appointment of, an arbitrator for the arbitration of the dispute; or
b: if the arbitration agreement requires the arbitrator to be a person named or designated in, or appointed by a third party under, the agreement, requires the other party to submit the dispute, for arbitration, to the person so named, designated, or appointed.
7: Act binds the Crown
This Act binds the Crown. 1950 No 65 ss 32 33(1)
8: Act does not affect jurisdiction to refuse relief
Nothing in this Act limits or affects any equitable or other jurisdiction to refuse relief, whether on the ground of acquiescence or delay, or on any other ground. 1950 No 65 s 31
9: Act may be applied by analogy to equitable claims
Nothing in this Act prevents it from being applied by analogy to a claim in equity to which no defence prescribed by this Act applies. 1950 No 65 s 4(9)
10: Defences: application, exceptions, and modifications
Every defence prescribed by this Act—
a: applies only to a claim—
i: based on an act or omission after 31 December 2010; and
ii: made in a civil proceeding in a specified court or tribunal, or in an arbitration ( see section 39
b: is subject to the exceptions and modifications set out in this Act.
2: Defence to money claims
11: Defence to money claim filed after applicable period
1: It is a defence to a money claim if the defendant proves that the date on which the claim is filed is at least 6 years after the date of the act or omission on which the claim is based (the claim's primary period
2: However, subsection (3) applies to a money claim instead of subsection (1) (whether or not a defence to the claim has been raised or established under subsection (1)) if—
a: the claimant has late knowledge of the claim, and so the claim has a late knowledge date ( see section 14
b: the claim is made after its primary period.
3: It is a defence to a money claim to which this subsection applies if the defendant proves that the date on which the claim is filed is at least—
a: 3 years after the late knowledge date (the claim's late knowledge period
b: 15 years after the date of the act or omission on which the claim is based (the claim's longstop period
12: Money claim defined
1: Money claim
2: A claim for monetary relief includes a claim—
a: for money secured by a mortgage; or
b: for, or for arrears of, or for damages in respect of arrears of, interest in respect of a judgment debt; or
c: for monetary relief for a breach of the New Zealand Bill of Rights Act 1990
d: to have imposed, or recover, a civil penalty; or
e: to enforce a surety's or other person's obligations under, or to obtain through forfeiture, a bond or recognisance (for example, a bail bond).
3: A claim for monetary relief does not include a claim—
a: for damages in respect of any trespass or injury to Maori customary land ( see section 28
b: for an account if, and only insofar as, the claim seeks relief that is not monetary relief ( see section 32
c: for contribution from another tortfeasor or joint obligor ( see section 34
d: on a judgment, or to enforce an arbitral award ( see sections 35 36
e: under the Criminal Proceeds (Recovery) Act 2009
f: under the Terrorism Suppression Act 2002
13: Damages as well as, or in substitution for, injunction or specific performance
Nothing in section 11 section 13 Section 13 amended 1 March 2017 section 183(b) Senior Courts Act 2016
14: Late knowledge date (when claimant has late knowledge) defined
1: A claim's late knowledge date
a: the fact that the act or omission on which the claim is based had occurred:
b: the fact that the act or omission on which the claim is based was attributable (wholly or in part) to, or involved, the defendant:
c: if the defendant’s liability or alleged liability is dependent on the claimant suffering damage or loss, the fact that the claimant had suffered damage or loss:
d: if the defendant’s liability or alleged liability is dependent on the claimant not having consented to the act or omission on which the claim is based, the fact that the claimant did not consent to that act or omission:
e: if the defendant's liability or alleged liability is dependent on the act or omission on which the claim is based having been induced by fraud or, as the case may be, by a mistaken belief, the fact that the act or omission on which the claim is based is one that was induced by fraud or, as the case may be, by a mistaken belief.
2: A claimant does not have late knowledge of a claim unless the claimant proves that, at the close of the start date of the claim's primary period, the claimant neither knew, nor ought reasonably to have known, all of the facts specified in subsection (1)(a) to (e).
3: The fact that a claimant did not know (or had not gained knowledge), nor ought reasonably to have known (or to have gained knowledge), of a particular fact may be attributable to causes that are or include fraud or a mistake of fact or law (other than a mistake of law as to the effect of this Act). 1950 No 65 s 4(6B), (7)
15: Defamation claims: primary period and late knowledge period each 2 years
For a claim for defamation, 6 years section 11(1) 3 years section 11(3)(a) 2 years 1950 No 65 s 4(6A), (6B)
16: Special start dates for various money claims
1: For the purposes of section 11(1) and (3)(b)
a: a claim for, or for arrears of, or for damages in respect of arrears of, interest or rent—the date on which the interest, rent, or arrears became payable:
b: a claim for conversion or wrongful detention made in respect of goods that have been the subject of 1 or more earlier instances of conversion or wrongful detention, and made by a person referred to in section 30
c: a claim to recover a principal sum of money secured by a mortgage over property that is or includes a future interest, or a life insurance policy, that has not matured or been determined—the date on which the interest or policy matures or is determined:
d: a claim in respect of a beneficiary's future interest in a trust—the date on which the beneficiary's interest in the trust falls into possession:
e: a claim in respect of a beneficiary's discretionary interest in a trust—the date on which the beneficiary first becomes entitled to trust income or property because of the trustees' discretion being exercised in the beneficiary's favour:
f: a claim to, or for a share or interest in, the personal estate (whether under a will or on an intestacy) of an individual who has died—the date on which the right to receive the share or interest accrued:
g: a claim for cancellation of an irregular transaction and for an order under section 207
h: a claim under section 213
i: a claim under section 301
j: a claim under section 54 section 138 Banking (Prudential Supervision) Act 1989
2: When section 301 section 55 section 139 Banking (Prudential Supervision) Act 1989 1950 No 65 ss 2(7)(c) 4(4) 5(1) 19 20(3) 21(2) 22 Section 16(1)(j) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 16(2) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
17: Discretion to allow relief for claim of abuse of minor or of gradual process, disease, or infection injury
1: This section applies to a claim—
a: of a kind specified in subsection (2) or (4); and
b: made in a civil proceeding commenced in a specified court or tribunal; and
c: against which the defendant could establish, or has established, a defence under this Part.
2: Subsection (1)(a) applies to a claim in respect of abuse of the claimant ( A
a: a person who is, or has at any time been, a parent, step-parent, or legal guardian of A ( B
b: a person who is, or has at any time been, a close relative or close associate of B ( C
3: Abuse sexual abuse non-sexual abuse
4: Subsection (1)(a) also applies to a claim in respect of a personal injury—
a: of the claimant ( A
b: caused by a gradual process, disease, or infection.
5: Personal injury
6: The specified court or tribunal may, if it thinks it just to do so on an application made to it for the purpose, order that monetary relief may be granted in respect of the claim as if no defence under this Part applies to it.
7: The application for the order may be made before or after the court or tribunal has decided whether the defendant has established a defence under this Part against the claim. Limitation Act 1969 s 50E(2) (NSW); Limitation of Actions Act 1958 s 27I(2) (Vic); Limitation Act 1980 s 33 (UK)
18: Matters to be taken into account under section 17
In determining whether to make an order under section 17
a: any hardship that would be caused,—
i: if the order were made, to a person who is, or is represented by, the defendant; and
ii: if the order were not made, to A; and
b: the length of, and reasons for, the delay on A's part; and
c: any effects or likely effects of the delay on—
i: the defendant’s ability to defend the claim; and
ii: the cogency of the evidence offered, or likely to be offered, by A or the defendant; and
d: the defendant’s conduct on and after the date of the act or omission on which the claim is based, including the extent to which the defendant responded to requests for information or inspection that were reasonably made by or on behalf of A in order to discover facts that were, or might be, relevant to the claim; and
e: the extent to which prompt and reasonable steps were taken by or on behalf of A to make the claim after A became aware that A was entitled to do so; and
f: any steps taken by or on behalf of A to obtain relevant medical, legal, or other expert advice, and the nature of any relevant expert advice received by or on behalf of A; and
g: any other matters it considers relevant.
3: Defences to other claims
Claims in respect of land
19: How Act applies to land
1: This Act applies to land, including Crown land, land subject to the Land Transfer Act 2017
2: However, no provision in Parts 2 3 section 28
3: In the event of any inconsistency between this Act and the Land Act 1948 Land Transfer Act 2017 section 51 1950 No 65 s 6(2) Section 19(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 19(3) amended 12 November 2018 section 250 Land Transfer Act 2017
20: Crown owned minerals unaffected
Nothing in this Act affects any property or title in, right to, or ownership of, any Crown owned minerals (as defined in section 2(1) 1950 No 65 s 6(3)
21: Claim to recover land (based on adverse possession)
1: It is a defence to a claim to recover land if the defendant proves that the date on which the claim is filed is at least—
a: 60 years after the date on which the claim accrued to the claimant or to some other person through whom the claimant claims, if the claimant is, or is a person claiming through, the Crown; and
b: 12 years after the date on which the claim accrued to the claimant or to some other person through whom the claimant claims, if the claimant is not, and is not a person claiming through, the Crown.
2: No claim to recover land accrues under this Act unless and until the land is in the possession (in this section called adverse possession
3: For the purposes of this section, 1 or more joint tenants or tenants in common of any land can take adverse possession of the land as against the other tenant or tenants. 1950 No 65 ss 7 13
22: When claims accrue: current interests in land
1: A claim to recover land is deemed to have accrued on the date of the discontinuance or dispossession if the claimant, or a person through whom the claimant claims,—
a: has been in possession of the land; and
b: has, while entitled to the land, discontinued possession, or been dispossessed, of the land.
2: A claim to recover land is deemed to have accrued on the date of the deceased's death if the land is (whether under a will or on an intestacy) land of an individual who has died (the deceased
a: in possession of the land on the date he or she died; or
b: in the case of a rentcharge created by will or taking effect on the deceased's death, in possession of the land charged, and was the last person entitled to the land to be in possession of that land. 1950 No 65 s 8
23: When claims accrue: future interests in land
1: A claim to recover land is, unless this section provides otherwise, deemed to have accrued on the date on which the estate or interest claimed fell into possession (by the determination of the preceding estate or interest or otherwise) if—
a: that estate or interest was one in reversion or remainder, or some other future estate or interest; and
b: no person has taken possession of the land by virtue of that estate or interest.
2: If the person entitled to the preceding estate or interest was not in possession of the land on the date of the determination of that estate or interest, no relief may be granted in respect of a claim made by the person entitled to the succeeding estate or interest—
a: after 60 years from the date on which the claim accrued to the Crown if the Crown is entitled to the succeeding estate or interest; or
b: in any other case, after whichever expires last of the following periods:
i: 12 years from the date on which the claim accrued to the person entitled to the preceding estate or interest:
ii: 6 years from the date on which the claim accrued to the person entitled to the succeeding estate or interest.
3: Subsections (1) and (2) apply if the preceding estate or interest is a leasehold interest if, and only if, that estate or interest is determinable with life or lives, or with the end of a determinable life interest.
4: If a person ( A 1950 No 65 s 9
24: When claims accrue: land held on trust
1: This Act applies to equitable interests in land, including interests in the proceeds of the sale of land held on trust for sale, in the same way as it applies to legal estates.
2: Accordingly a claim to recover the land is, for the purposes only of this Act, deemed to accrue to a person entitled in possession to an equitable interest of that kind in the same way and circumstances and on the same date as it would accrue if the person's interest were a legal estate in the land.
3: If land is held by a trustee (including one who is also tenant for life) on trust, including a trust for sale, and the period in section 21(1)(a) or (b) section 21
4: If land held on trust for sale is in the possession of a person entitled to a beneficial interest in the land or in the proceeds of sale, not being a person solely and absolutely entitled to the land or the proceeds, no claim to recover the land is for the purposes of this Act deemed to accrue during that possession to a person in whom the land is vested as tenant for life, person having the powers of a tenant for life, or trustee, or to any person entitled to a beneficial interest in the land or the proceeds. 1950 No 65 s 10
25: Restriction on redemption of mortgaged land
1: This section applies to a mortgage of land—
a: only if none of that land is subject to the Land Transfer Act 2017
b: only if, and after, the mortgagee has been in possession of all or any of that land for 12 years.
2: After the mortgage has become one to which this section applies, no court or tribunal may grant relief in respect of a claim—
a: to redeem the land of which the mortgagee has been in possession for at least 12 years; and
b: made by, or by a person claiming through, the mortgagor.
3: This section overrides anything to the contrary in section 97 1950 No 65 s 16 Section 25(1)(a) amended 12 November 2018 section 250 Land Transfer Act 2017
26: No claims preserved by formal entry or continual claim
For the purposes of this Act, no person is deemed to have been in possession of land by reason only of having made a formal entry on that land, and no continual or other claim upon or near land preserves a claim to recover that land. 1950 No 65 s 17
27: Extinguishment of owner's title after specified period
1: A person's title to land is extinguished if the period in section 21(1)(a) or (b)
2: This section overrides section 43 1950 No 65 s 18
28: Claims relating to Maori customary land
1: It is a defence to a claim to recover Maori customary land if the defendant—
a: is, or is a person claiming through, the Crown; and
b: proves that the date on which the claim is filed is at least 12 years after the date on which the claim accrued to the claimant or to some other person through whom the claimant claims.
2: It is a defence to a claim for damages or an injunction in respect of any trespass or injury to Maori customary land if the defendant—
a: is, or is a person claiming through, the Crown; and
b: proves that the date on which the claim is filed is at least 6 years after the date on which the claim accrued.
3: For the purposes of this section, the date on which the claim accrued is the date, after 31 December 2010
4: Nothing in this Act limits or affects section 344
a: to investigate and ascertain title to Maori customary land, or to determine whether any parcel of land has the status of Maori customary land; and
b: that is conferred on the Maori Land Court or the Maori Appellate Court by any provision of Te Ture Whenua Maori Act 1993
5: This section is the only provision of Parts 2 3 1950 No 65 ss 6(1), (1A), (2) 7A Claims in respect of personal property,
29: Claim to recover converted or wrongly detained goods
1: It is a defence to a conversion or detinue claim to recover goods if the defendant proves that the date on which the claim is filed is at least 6 years after the date of the act or omission on which the claim is based.
2: Despite subsection (1), the 6 years start on the date of the original or first conversion or (as the case requires) wrongful detention if the conversion or detinue claim to recover goods—
a: is a further conversion or wrongful detention claim (that is, one made in respect of goods that have been the subject of 1 or more earlier instances of conversion or wrongful detention); and
b: is made by a person referred to in section 30
3: This section does not apply to a conversion or detinue claim made by or on behalf of a beneficiary to recover goods held on trust ( see section 31 1950 No 65 s 5(1), (2)
30: Extinguishment of title of owner of converted goods
1: This section applies to goods if—
a: a claim (the original claim original claimant
b: before the original claimant (whether by making the original claim or taking other steps) recovers possession of the goods, a further conversion or wrongful detention of the goods occurs.
2: The original claimant’s title to the goods is extinguished if the period for the original claim ends before the original claimant makes the original claim.
3: This section overrides section 43
4: However, this section does not limit or affect—
a: section 152(1)
b: monetary relief in respect of a claim for conversion or wrongful detention when the granting of that relief is not prevented by section 43(a) 1950 No 65 s 5(2), (3) Section 30(4)(a) replaced 1 September 2017 section 347 Contract and Commercial Law Act 2017
31: Claim to recover personal property held on trust
1: It is a defence to a claim made by or on behalf of a beneficiary to recover personal property held on trust if the defendant proves that the date on which the claim is filed is at least 6 years after,—
a: if the claim is to recover personal property in the estate of an individual who has died, or an interest or share in property of that kind, the date on which the claimant's right to receive the interest or share in the property accrued; and
b: if the claim is to recover personal property otherwise held on trust, the date on which the cause of action accrued.
2: A claim to which subsection (1) applies has both a late knowledge period and a longstop period, and sections 11(3)(a) and (b) 14
a: as if it were a money claim; and
b: as if the period in subsection (1) were its primary period. 1950 No 65 ss 21(2) 22
32: Claim for account
1: It is a defence to a claim for an account (whether at common law, in equity, or under an enactment) if the defendant proves that the date on which the claim is filed is at least 6 years after the date the matter arose in respect of which the account is sought.
2: A claim to which subsection (1) applies has both a late knowledge period and a longstop period, and sections 11(3)(a) and (b) 14
a: as if it were a money claim; and
b: as if the period in subsection (1) were its primary period. 1950 No 65 ss 2(7)(a) 4(2), (9)
33: Claim to have will declared invalid on specified grounds
1: This section applies to a will in respect of which probate has been granted or in respect of which letters of administration with the will annexed have been granted.
2: It is a defence to a claim seeking to have the will declared or adjudicated to be invalid on the ground of the will-maker's lack of testamentary capacity, or on the ground of undue influence, if the defendant proves that the date on which the claim is filed is at least 6 years after the date of the grant of probate or letters of administration. 1950 No 65 s 4(6)
34: Claim for contribution from another tortfeasor or joint obligor
1: This section applies to a claim under section 17
a: by a tortfeasor ( A B
b: for contribution from another tortfeasor ( C
2: This section also applies to a claim—
a: made by a person ( A B
b: for contribution from a third person ( C
3: C is liable to B in a coordinate way for the purposes of subsection (2)(b) if, and only if,—
a: a common obligation underlies C's liability to B and A's liability to B; and
b: payment or other discharge of C's liability to B would have the effect of relieving A, in whole or in part, from A's liability to B.
4: It is a defence to A's claim for contribution from C if C proves that the date on which the claim is filed is at least 2 years after the date on which A's liability to B is quantified by an agreement, award, or judgment. 1950 No 65 s 14
35: Claim to enforce judgment by action
1: It is a defence to a claim to enforce a judgment by action (that is, by a civil action or proceeding to enforce the judgment by action and commenced or started in a specified court or tribunal) if the defendant proves that the date on which the claim is filed is at least 6 years after the date on which the judgment became enforceable (by action or otherwise) in the country in which it was obtained.
2: Judgment
a: an arbitral award entered as a judgment; or
b: a judgment obtained in a foreign country.
3: A judgment that is an arbitral award entered as a judgment is treated as having become enforceable in the country in which it was obtained on the date on which the award became enforceable by action in New Zealand.
4: Nothing in this section applies to the following:
a: enforcement of the judgment using enforcement processes in rules of court or other laws:
b: an application—
i: for a debtor to be adjudicated bankrupt, or to put a company into liquidation; and
ii: based wholly or in part on the judgment.
5: If a defence under this section has been or could be established against a claim to enforce a judgment by action the specified court or tribunal may, if it thinks it just to do so on an application made to it for the purpose, order that relief may be granted in respect of the claim as if no defence under this Part applies to it.
6: The application for the order must be made before the specified court or tribunal has decided whether the defendant has established a defence under this Part against the claim. 1950 No 65 ss 2(7)(b) 4(4)
36: Claim to enforce arbitral award by action or for entry of arbitral award as judgment
1: This section applies to a claim—
a: to enforce by action (that is, by a civil action or proceeding to enforce the award by action and commenced or started in a specified court or tribunal) an arbitral award that is enforceable by action in New Zealand; or
b: for entry of an arbitral award as a judgment of a specified court or tribunal.
2: Nothing in this section applies to enforcement of a judgment that is an arbitral award entered as a judgment.
3: It is a defence to the claim if the defendant proves that the date on which the claim is filed is at least 6 years after the date on which the award became enforceable by action in New Zealand.
4: If a defence under this section has been or could be established against the claim the specified court or tribunal may, if it thinks it just to do so on an application made to it for the purpose, order that relief may be granted in respect of the claim as if no defence under this Part applies to it.
5: The application for the order must be made before the specified court or tribunal has decided whether the defendant has established a defence under this Part against the claim. 1950 No 65 ss 2(1) 4(1)(c) Claims under contract enactment Heading replaced 1 September 2017 section 347 Contract and Commercial Law Act 2017
37: Claim for non-monetary and non-declaratory relief
1: This section applies to a claim for relief (other than any form of monetary relief or declaratory relief) under Part 2
2: It is a defence to the claim if the defendant proves that the date on which the claim is filed is at least 6 years after the date of the act or omission on which the claim is based.
3: The claim has both a late knowledge period and a longstop period, and sections 11(3)(a) and (b) 14
a: as if it were a money claim; and
b: as if the period in subsection (2) were its primary period. Section 37(1) replaced 1 September 2017 section 347 Contract and Commercial Law Act 2017 Special start dates
38: Special start dates for various other claims
1: For the purposes of sections 29 32
a: a claim in respect of a beneficiary's future interest in a trust—the date on which the beneficiary's interest in the trust falls into possession:
b: a claim in respect of a beneficiary's discretionary interest in a trust—the date on which the beneficiary first becomes entitled to trust income or property because of the trustees' discretion being exercised in the beneficiary's favour:
c: a claim for cancellation of an irregular transaction and for an order under section 207
d: a claim under section 301
e: a claim under section 54 section 138 Banking (Prudential Supervision) Act 1989
2: When section 301 section 55 section 139 Banking (Prudential Supervision) Act 1989 1950 No 65 s 5(1) s 21(2) Section 38(1)(e) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 38(2) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
4: General provisions
Arbitrations, special defences, and contracting out
39: Application of limitation enactments to arbitrations
1: Arbitration limitation enactments
2: Limitation enactments apply to claims made in arbitrations as they apply to claims made in a civil proceeding commenced in a specified court or tribunal.
3: An arbitration must, for the purposes of a limitation enactment, be treated as being commenced in the same manner as provided in Article 21 of Schedule 1 of the Arbitration Act 1996.
4: If the High Court orders that an award be set aside, it may also order that the period between the commencement of the arbitration and the date of the setting aside order must be excluded in computing the time prescribed by a limitation enactment for the commencement of civil proceedings (including arbitration) with respect to the dispute referred. 1950 No 65 s 29
40: Other enactments may displace or affect defences
1: A defence under Part 2 3
a: prescribes for the claim a limitation period or any other kind of limitation defence; or
b: provides for the determination or fixing of the time before which, or period within which, the claim must be made.
2: However, this section does not limit or affect the operation of enactments other than this Act that—
a: do what is specified in subsection (1) but apply to a claim not instead of, but as well as, this Act; or
b: alter, extend, limit, or prevent this Act’s application or operation. 1950 No 65 s 33(1)
41: Contracting out of defences
No provision of this Act makes ineffective, or prevents the enforcement of, an agreement that conflicts or is inconsistent with, or that modifies or prevents some or all of the operation or effects of, a defence under this Act. Pleading, and effect of establishing, defences
42: Defendant not excused from pleading defence
No provision of this Act excuses the defendant from complying with a rule of court or other law requiring the defendant to plead a defence under this Act before trying to establish it.
43: Established defence bars relief, not underlying right
If the defendant establishes a defence under this Act against a claim, and no order under section 17 35(5) 36(4) 50
a: a court or tribunal must not grant the relief sought by the claim; but
b: the establishment by the defendant of the defence does not extinguish, as against the defendant or any other person, any entitlement, interest, right, or title of the claimant on which the claim is based. Exceptions or modifications to periods and start dates
44: Minority
If the claimant proves that, at the close of the start date of a claim's primary period, longstop period, or Part 3
45: Incapacity
1: This section applies to a claimant who proves either or both of the following:
a: that the claimant was incapacitated at the close of the start date of a claim's primary period, longstop period, or Part 3
b: that the claimant became incapacitated during a claim's primary period, longstop period, or Part 3
2: If this section applies to a claimant, the specified court or tribunal may, if it thinks it just to do so on an application made to it (before or after the end of the period) for the purpose, order that a claim's primary period, longstop period, or Part 3
3: In determining whether to make an order under this section, the specified court or tribunal must take into account—
a: whether, while the claimant was incapacitated, a litigation guardian or other authorised representative managed the claimant’s affairs with respect to the act or omission on which the claim is based; and
b: any steps taken by the litigation guardian or other authorised representative to manage those affairs; and
c: any effects or likely effects of the delay on—
i: the defendant’s ability to defend the claim; and
ii: the cogency of the evidence offered, or likely to be offered, by the claimant or the defendant; and
d: the defendant’s conduct on and after the date of the act or omission on which the claim is based, including the extent to which the defendant responded to requests for information or inspection that were reasonably made by or on behalf of the claimant in order to discover facts that were, or might be, relevant to the claim; and
e: the extent to which prompt and reasonable steps were taken by or on behalf of the claimant to make the claim after the claimant became aware that the claimant was entitled to do so; and
f: any steps taken by or on behalf of the claimant to obtain relevant medical, legal, or other expert advice, and the nature of any relevant expert advice received by or on behalf of the claimant; and
g: any other matters it considers relevant.
46: Incapacitated and related terms defined
In section 45 incapacitated
a: temporary or permanent physical, intellectual, or mental impairment:
b: lawful or unlawful detention:
c: a situation that is, or circumstances that arise from, war, another similar emergency, or a state of emergency declared under the Civil Defence Emergency Management Act 2002 intellectual or mental impairment
a: an intellectual disability as defined in section 7
b: a mental disorder as defined in section 2(1) personal representative
47: Acknowledgment or part payment
1: This section applies if the claimant proves that, after the start date of a claim's primary period, longstop period, or Part 3
a: acknowledged to the claimant in writing a liability to, or the right or title of, the claimant; or
b: made a payment to the claimant in respect of a liability to, or the right or title of, the claimant.
2: If this section applies, the claimant is deemed for the purposes only of this Act to have a fresh claim on the day after the date, or the latest of the dates, on which an acknowledgment or part payment was given or made.
3: An acknowledgment or part payment of the kind specified in subsection (1)—
a: is binding on the defendant's successors; and
b: may be given or made by the defendant or an agent of the defendant and to the claimant or an agent of the claimant.
4: Payment or part payment of interest by the defendant must be treated for the purposes of this section as an acknowledgment by the defendant to the claimant in writing of the defendant’s liability to pay the claimant both that interest and the principal in respect of which it is paid. 1950 No 65 ss 25–27
48: Fraud
1: A claim's longstop period or Part 3
a: the fact that the act or omission on which the claim is based had occurred:
b: the fact that the act or omission on which the claim is based was attributable (wholly or in part) to, or involved, the defendant:
c: if the defendant’s liability or alleged liability is dependent on the claimant suffering damage or loss, the fact that the claimant had suffered damage or loss:
d: if the defendant’s liability or alleged liability is dependent on the claimant not having consented to the act or omission on which the claim is based, the fact that the claimant did not consent to that act or omission:
e: if the defendant's liability or alleged liability is dependent on the act or omission on which the claim is based having been induced by fraud or, as the case may be, by a mistaken belief, the fact that the act or omission on which the claim is based is one that was induced by fraud or, as the case may be, by a mistaken belief.
2: It is a defence to a claim whose Part 3
3: The fact that a claimant did not know (or had not gained knowledge), nor ought reasonably to have known (or to have gained knowledge), of a particular fact may be attributable to causes that are or include fraud or a mistake of fact or law (other than a mistake of law as to the effect of this Act).
4: Sections 44 47 Part 3 1950 No 65 ss 4(6B), (7) 21(1)(a) 28
49: Trust property possessed or converted by trustee
1: A claim's longstop period or Part 3
a: trust property, the proceeds of trust property, or both in the trustee's possession:
b: trust property, the proceeds of trust property, or both previously received by the trustee and converted to the trustee's use.
2: It is a defence to a claim whose Part 3
3: Sections 44 47 Part 3 1950 No 65 s 21(1)(b) Ancillary claims
50: Discretion to allow relief for ancillary claim when allowed for original claim
1: This section applies to an ancillary claim made in a civil proceeding commenced in a specified court or tribunal if, and only if,—
a: relief may be granted in respect of the original claim, because no defence under Part 2 3 section 17 35(5) 36(4)
b: relief cannot be granted in respect of the ancillary claim because a defence under Part 2 or 3 section 17 35(5) 36(4)
2: The specified court or tribunal may, if it thinks it just to do so on an application made to it for the purpose, order that relief may be granted in respect of the ancillary claim as if no defence under Part 2 3
3: The application for the order must be made before the specified court or tribunal has decided whether the defendant has established a defence under Part 2 3 Interest in respect of judgment debts
51: Recovery restricted to 6 years from date interest due
No arrears of interest in respect of a judgment debt may be recovered after 6 years from the date on which the interest became due. 1950 No 65 s 4(4) Purchasers, deceased estates, and trust beneficiaries
52: Protection of title of bona fide purchasers for value
No provision of this Act operates, or may be applied, to the detriment of the title of a bona fide purchaser for value. 1950 No 65 s 28(d), (e)
53: Personal representative making or defending claim on behalf of deceased’s estate
1: Personal representative deceased
2: A personal representative may take advantage of 1 or more exceptions or modifications set out in this Act that would have been available to the deceased, except that a period that under section 44
3: A personal representative may take advantage of any late knowledge period that the deceased could have sought to use had he or she not died and, if the personal representative does so, section 14
4: Section 45
5: A personal representative may take advantage of any discretion in section 17 35 36 50
54: Trust beneficiaries cannot derive benefit indirectly
No beneficiary of a trust ( A B
a: A had made himself, herself, or itself a claim that is the same in substance as the claim made by B; and
b: this Act had been pleaded in defence to the claim made by A. 1950 No 65 s 21(3) Application of limitation law of
55: How limitation law of foreign countries applied in civil proceedings and arbitrations
1: This section applies to a civil proceeding before a New Zealand court or tribunal, or to an arbitration, whenever the substantive law of a foreign country is to be applied in that proceeding or arbitration.
2: The limitation law of that foreign country is part of the substantive law of that country and must be applied accordingly in that proceeding or arbitration.
3: A New Zealand court or tribunal or arbitrator exercising, under subsection (2), a discretion under the limitation law of a foreign country must, so far as practicable, exercise it in the manner in which it is exercised in that foreign country.
4: If, under subsection (2), the limitation law of a foreign country must be applied in a proceeding or arbitration, the limitation law of New Zealand (other than this section) must not be applied in that proceeding or arbitration.
5: Subsection (4) does not apply insofar as the matter being determined in that proceeding or arbitration is one in the determination of which both the law of New Zealand and the law of a foreign country fall to be taken into account. 1950 No 65 ss 28B 28C
56: Public policy exception for limitation law of foreign countries other than Australia
1: Section 55
2: A conflict with public policy exists for the purposes of subsection (1) when, and insofar as, the application of section 55
3: Nothing in this section applies in respect of any limitation law that is, or has been, in force in Australia. Foreign Limitation Periods Act 1984 s 2(1), (2) (UK) Repeal, consequential amendments, and saving
57: Limitation Act 1950 repealed
The Limitation Act 1950
a: immediately after it is amended by sections 61 62
b: subject to the saving in section 59 2011-01-01 Limitation Act 1950 Act is repealed after amendments in sections 61 and 62 are inserted
58: Consequential amendments
The enactments specified in the Schedule 2011-01-01 Arbitration Act 1996 Building Act 2004 Child Support Act 1991 Civil Aviation Act 1990 Construction Contracts Act 2002 Contractual Remedies Act 1979 Crown Proceedings Act 1950 Customs and Excise Act 1996 Defamation Act 1992 Disputes Tribunals Act 1988 Government Roading Powers Act 1989 Land Act 1948 Land Transfer Act 1952 Law Reform Act 1936 Local Government (Rating) Act 2002 Motor Vehicle Sales Act 2003 Patents Act 1953 Prisoners' and Victims' Claims Act 2005 Property Law Act 2007 Protected Objects Act 1975 Public Trust Act 2001 Public Works Act 1981 Securities Act 1978 Sharemilking Agreements Act 1937 Social Security Act 1964 Summary Proceedings Act 1957 Tariff Act 1988 Tax Administration Act 1994 Te Ture Whenua Maori Act 1993 Trustee Act 1956 Weathertight Homes Resolution Services Act 2006
59: Actions based on acts or omissions before 1 January 2011
1: This section applies to an action, cause of action, or right of action—
a: based on an act or omission before 1 January 2011; and
b: to which the Limitation Act 1950
2: The action, cause of action, or right of action must, despite the repeal of the Limitation Act 1950
3: Nothing in this section prevents any provision of the Limitation Act 1950
a: based on an act or omission before 1 January 2011; and
b: to which the Limitation Act 1950 Amendments relating to actions based on acts or omissions before 1 January 2011
60: Amendments to Limitation Act 1950
Sections 61 62 Limitation Act 1950
61: New section 2A inserted
The following section is inserted after section 2
2A: Act continues to apply despite its repeal to actions based on acts or omissions before 1 January 2011
1: This section applies to an action, cause of action, or right of action—
a: based on an act or omission before 1 January 2011; and
b: to which this Act applied immediately before its repeal by section 57
2: Section 59
3: Nothing in section 59
a: based on an act or omission before 1 January 2011; and
b: to which this Act immediately before its repeal did not apply directly.
4: Nothing in this Act as in force at the time of its repeal applies to an action, cause of action, or right of action based on an act or omission after 31 December 2010.
62: New heading and sections 23A to 23D
The following heading and sections are inserted above the heading to Part 2 Longstop period of limitation
23A: Actions to which longstop period of limitation applies
1: Section 23B section 57
a: an action to which section 7(1) or 21(1)(a) or (b) applies; nor
b: an action commenced before 1 January 2011.
2: Sections 23B to 23D
23B: Longstop period of limitation
1: No action to which this section applies may be brought after the last to end of the following periods:
a: 5 years ending on the close of 31 December 2015:
b: 15 years after the date of the act or omission on which the action is based.
2: That period of limitation applies to the action in addition to every other period of limitation that applies to the action.
3: This section is, in accordance with section 3, subject to Part 2, which provides for the extension of that period of limitation in the case of disability, acknowledgment, part payment, fraud, and mistake. 1986 No 5 ss 80(5), 82(2); 1991 No 150 s 91; 2004 No 72 s 393
23C: Discretion to allow relief for action of abuse of infant or of gradual process, disease, or infection injury
1: This section applies to an action—
a: of a kind specified in subsection (2) or (4); and
b: that the defendant could establish, or has established, is an action to which the longstop period of limitation in section 23B
c: that is not an action that, at the close of 31 December 2010,—
i: was otherwise barred because of an applicable period of limitation; and
ii: had not been revived by an acknowledgment or part payment.
2: Subsection (1)(a) applies to an action in respect of abuse of the plaintiff ( A
a: a person who is, or has at any time been, a parent, step-parent, or legal guardian of A ( B
b: a person who is, or has at any time been, a close relative or close associate of B ( C
3: Abuse sexual abuse non-sexual abuse
4: Subsection (1)(a) also applies to an action in respect of a personal injury—
a: of the plaintiff ( A
b: caused by a gradual process, disease, or infection.
5: Personal injury
6: The court may, if it thinks it just to do so on an application made to it for the purpose, order that relief may be granted in respect of the action as if the longstop period of limitation in section 23B
7: The application for the order may be made before or after the court has decided whether the defendant has established that the longstop period of limitation in section 23B Limitation Act 1969 s 50E(2) (NSW); Limitation of Actions Act 1958 s 27I(2) (Vic); Limitation Act 1980 s 33 (UK)
23D: Matters to be taken into account under section 23C
In determining whether to make an order under section 23C
a: any hardship that would be caused,—
i: if the order were made, to a person who is, or is represented by, the defendant; and
ii: if the order were not made, to A; and
b: the length of, and reasons for, the delay on A's part; and
c: any effects or likely effects of the delay on—
i: the defendant’s ability to defend the action; and
ii: the cogency of the evidence offered, or likely to be offered, by A or the defendant; and
d: the defendant’s conduct on and after the date of the act or omission on which the action is based, including the extent to which the defendant responded to requests for information or inspection that were reasonably made by or on behalf of A in order to discover facts that were, or might be, relevant to the action; and
e: the extent to which prompt and reasonable steps were taken by or on behalf of A to bring the action after A became aware that A was entitled to do so; and
f: any steps taken by or on behalf of A to obtain relevant medical, legal, or other expert advice, and the nature of any relevant expert advice received by or on behalf of A; and
g: any other matters it considers relevant.