Limitation of action

The purpose of this project was to examine and review the Limitation Act, which lays down rules for determining the cut-off dates after which it was too late for an intending plaintiff to bring a civil claim.

The project produced a report, Tidying the Limitation Act (NZLC R61) in 2000.

When the Government indicated it wished to advance legislation on the topic at the start of 2007, the Commission instructed Christopher Corry, Barrister to review that report and an earlier Commission report, Limitation Defences in Civil Proceedings (NZLC R6, 1988), and draw attention to subsequent developments in the law. Mr Corry’s report was made available by the Commission to the Ministry of Justice to assist in settling policy with Government. It was published as Limitation Defences in Civil Cases: Update Report for Law Commission (NZLC MP16, 2007).

In December 2007 a Consultation Draft Bill was sent to stakeholders for their comment and published on the website.

In 2008, a Reference Group chaired by Hon Justice Blanchard was formed, including representatives of the NZLS, Bar Association, Ministry of Justice and Parliamentary Counsel Office as well as Chris Finlayson (who, as an opposition MP, drafted a Limitation Bill for introduction as a private member’s bill), Chris Corry, and Commissioners John Burrows and George Tanner.

In November 2008, a redraft of the bill was completed, which was considered by Government for inclusion on the 2009 Legislative Programme.

Limitation of Civil Actions (NZLC PP39, 2000)

The Commission's Preliminary Paper, Limitation of Civil Actions (NZLC PP39, 2000).

Tidying the Limitation Act (NZLC R61, 2000)

The Commission's Report, Tidying the Limitation Act (NZLC R61, 2000).

Some recommendations were reflected in the Limitation Act 2010.

There was no requirement for the Government to present a formal response to Commission reports before April 2009.

See Official Government response process | Department of the Prime Minister and Cabinet (DPMC).

Limitation Defences in Civil Cases: Update Report for Law Commission (NZLC MP16, 2007)

When the Government indicated it wished to advance legislation on the topic at the start of 2007, the Commission instructed Christopher Corry, Barrister to review that report and an earlier Commission report, Limitation Defences in Civil Proceedings (NZLC R6, 1988), and draw attention to subsequent developments in the law. Mr Corry’s report was made available by the Commission to the Ministry of Justice to assist in settling policy with Government. It was published as MP16.