CHOICE OF LAW (LIMITATION PERIODS) ACT 1993 - As at 3 December 1993 - Act 94 of 1993 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Act 2. Commencement 3. Definitions 4. Application 5. Characterisation of limitation laws 6. Exercise of discretion under limitation law 7. Application to New Zealand 8. Review of Act CHOICE OF LAW (LIMITATION PERIODS) ACT 1993 - LONG TITLE An Act relating to limitation periods for choice of law purposes. CHOICE OF LAW (LIMITATION PERIODS) ACT 1993 - SECT 1 Name of Act 1 Name of Act This Act may be cited as the Choice of Law (Limitation Periods) Act 1993. CHOICE OF LAW (LIMITATION PERIODS) ACT 1993 - SECT 2 Commencement 2 Commencement This Act commences on a day to be appointed by proclamation. CHOICE OF LAW (LIMITATION PERIODS) ACT 1993 - SECT 3 Definitions 3 Definitions In this Act: "court" includes arbitrator. "limitation law" means a law that provides for the limitation or exclusion of any liability or the barring of a right of action in respect of a claim by reference to the time when a proceeding on, or the arbitration of, the claim is commenced. CHOICE OF LAW (LIMITATION PERIODS) ACT 1993 - SECT 4 Application 4 Application This Act extends to a cause of action that arose before the commencement of this Act, but does not apply to proceedings instituted before the commencement of this Act. CHOICE OF LAW (LIMITATION PERIODS) ACT 1993 - SECT 5 Characterisation of limitation laws 5 Characterisation of limitation laws If the substantive law of a place, being another State, a Territory or New Zealand, is to govern a claim before a court of the State, a limitation law of that place is to be regarded as part of that substantive law and applied accordingly by the court. CHOICE OF LAW (LIMITATION PERIODS) ACT 1993 - SECT 6 Exercise of discretion under limitation law 6 Exercise of discretion under limitation law If a court of the State exercises a discretion conferred under a limitation law of a place, being another State, a Territory or New Zealand, that discretion, as far as practicable, is to be exercised in the manner in which it is exercised in comparable cases by the courts of that place. CHOICE OF LAW (LIMITATION PERIODS) ACT 1993 - SECT 7 Application to New Zealand 7 Application to New Zealand (1) This Act does not apply in relation to New Zealand until it is declared by proclamation that it does so apply. The proclamation may be the proclamation commencing this Act or another proclamation. (2) If the substantive law of New Zealand is to govern a claim before a court of the State and proceedings have been instituted on the claim before that declaration takes effect, this Act does not apply to those proceedings. This subsection has effect despite section 4. CHOICE OF LAW (LIMITATION PERIODS) ACT 1993 - SECT 8 Review of Act 8 Review of Act (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives. (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act. (3) A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years. CHOICE OF LAW (LIMITATION PERIODS) ACT 1993 - NOTES See also: Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 CHOICE OF LAW (LIMITATION PERIODS) ACT 1993 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsChoice of Law (Limitation Periods) Act 1993 No 94. Assented to 30.11.1993. Date of commencement, 3.12.1993, sec 2 and GG No 134 of 3.12.1993, p 7067.