The Search and Surveillance Bill, providing the framework for agency enforcement powers, implements our 2007 report Search and Surveillance Powers (NZLC R97), one of the largest reports the Commission has published, and the culmination of several years of inter-agency co-operation and consultation.  The Bill had its first reading on 4 August 2009. 

The Commission continued to lead substantial work with agencies over the last year, resulting in the introduction of a revised bill in July 2009.  The work undertaken in the last year extends coverage to a wider range of enforcement agencies, including regulatory agencies such as the New Zealand Food Safety Authority.  Beyond the core enforcement agencies such as Police and Customs, the legislation needed modification to take account of the different environment of regulatory agencies such as those that deal with the seizure of live animals or disposal of dangerous waste.

The Limitation Bill, which also had its first reading on 4 August, will replace the Limitation Act 1950.  The 1950 Act was itself based on a 1939 UK Act and was identified as in need of reform when the Commission was first established in 1986.

The Limitation Act prescribes the length of times within which various kinds of civil actions can be brought against other parties.  The concept is ancient – while access to courts is a fundamental right, it is unjust for a person to defend a claim relating to matters well in the past and unjust also that a person with a good claim is delayed.  The limitation rules need to be clear, comprehensive and accessible so that they provide certainty for both plaintiffs and defendants. 

Our first report, Limitation Defences in Civil Proceedings (NZLC R6), was published in October 1988, followed by two other reports in 2000 and 2007 in attempts to kickstart implementation.  It seems that limitation periods are seen as lawyer’s law and of little interest to the general public, which may explain why it has taken so long for this reform to reach the legislative programme.

In 2008 we were fortunate to be able to push the project along under the leadership of Hon Justice Blanchard, with strong support from representatives of the profession and in conjunction with the Ministry of Justice.  Creating a fair balance between the conflicting interests involved in a variety of claims is complex business and it is difficult to briefly summarise the content of the new bill.

In broad terms, the bill retains the current 6 year limitation period for most claims.  It makes the start date for the limitation period the date of the act or omission on which the claim is based and provides for a 3 year late knowledge period replacing the concept of reasonable discoverability.  There is a long stop final limitation period of 15 years in most instances.

Our current Attorney General, Hon Chris Finlayson, made a strong contribution to this project, both as a member of the reference group and later in ensuring the bill was introduced to Parliament.