This project examined the Limitation Act 1950 and made recommendations on changes needed to it. The principal recommendation was that the 1950 Act be repealed and replaced with a new Limitation Defences Act of wide application and with three central features:
- a defence based on a standard limitation period of three years;
- extension of the three year period in certain circumstances, in particular where a claimant shows absence of knowledge of essential facts relevant to the claim, and
- a further defence based on a long stop limitation period of 5 years.
See later work on the topic in our Limitation of Actions project.
The Limitation Act 1950 (NZLC PP3, 1987)
The Commission's Preliminary Paper, The Limitation Act 1950 (NZLC PP3, 1987).
Limitation Defences in Civil Proceedings (NZLC R6, 1988)
The Commission's Report, Limitation Defences in Civil Proceedings (NZLC R6, 1988).
An update of our review was completed in November 2008, and 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.