LIMITATION ACT 2005
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 4 Application of limitation periods under this Act
- 5 Actions other than personal injury actions do not revive
- 6 Personal injury actions -- accrual, limitation periods
- 6A Special provisions for child sexual abuse actions: no limitation period
- 7 Special provisions for certain personal injury actions relating to childbirth
- 8 Special provisions for certain defamation actions
- 9 Limitation periods under other written laws
- 10 Application to Crown
PART 2 -- Limitation periods
Division 1 -- Preliminary
- 11 Limitation periods under this Part are extendable etc. under Part
- 12 When actions commence
Division 2 -- General limitation period
- 13 General limitation period -- 6 years
Division 3 -- Limitation periods for particular causes of action
- 14 Personal injury, Fatal Accidents Act 1959 actions -- 3 years
- 15 Defamation -- one year from publication
- 16 Trespass to the person etc. -- 3 years
- 17 Contribution between tortfeasors -- 2 years
- 18 Deeds -- 12 years
- 19 Recovery of land -- 12 years
- 20 Money secured on real property or on real and personal property -- 12 years
- 21 Interest secured on real property or on real and personal property
- 22 Interest secured on personal property
- 23 Possession -- 12 years
- 24 Foreclosure -- 12 years
- 25 Redemption -- 12 years
- 26 Accounts -- limitation period for the basis of the duty to account applies
- 27 Equitable actions (not analogous to other actions)
- 28 Tax mistakenly paid -- 12 months or as provided under other Act
- 29 Arbitration -- limitation period for corresponding civil proceeding applies
PART 3 -- Extension or shortening of limitation periods
Division 1 -- Extension for persons under 18 years when cause of action accrues
- 30 Limitation periods applicable to persons under 15 when cause of action accrues
- 31 Limitation periods applicable to persons between 15 and 18 when cause of action accrues
- 32 Suspension of time while person under 18 is without guardian
- 33 Defendant in close relationship with person under 18 when cause of action accrues
- 34 Defamation
Division 2 -- Extension for persons with mental disability
- 35 Suspension of time while person with mental disability is without guardian
- 36 Defendant in close relationship with person with mental disability
- 37 Defamation
Division 3 -- Extension by courts
- 38 Court may extend time to commence actions in cases of fraud or improper conduct
- 39 Court may extend time to commence actions for personal injury or under Fatal Accidents Act 1959
- 40 Court may extend time to commence defamation actions
- 41 Court may extend time to commence action by person under 18 when cause of action accrues, with guardian
- 42 Court may extend time to commence action by person with a mental disability, with guardian
- 43 Jurisdiction and procedure
- 44 Further matters for court’s consideration on extension applications
Division 4 -- Extension or shortening by agreement
- 45 Agreement to extend or shorten limitation period
Division 5 -- Extension by confirmation
- 46 Meaning of confirmation
- 47 Limitation period extended by confirmation
- 48 Formal requirements for acknowledgments
- 49 Who has benefit of confirmation
- 50 Who is bound by confirmation
- 51 Effects of certain kinds of confirmation
Division 6 -- Extension of limitation periods -- other matters
- 52 Persons with mental disability under 18 when cause of action accrues -- most beneficial limitation period applies
- 53 Limitation period in case of death of certain persons if cause of action accrues to certain other persons
- 54 Arbitration -- extension of limitation period
PART 4 -- Accrual of particular causes of action
Division 1 -- Accrual of certain causes of action other than to recover land
- 55 Personal injury -- general
- 56 Personal injury -- asbestos related diseases
- 57 Survival of certain actions
- 58 Contributions between tortfeasors
- 59 Debts repayable on demand
- 60 Successive wrongs to goods
- 61 Equitable interests
- 62 Future interests of beneficiaries under trusts
- 63 Matters referable to arbitration
- 64 Arbitral awards
Division 2 -- Accrual of certain causes of action to recover land
- 65 Adverse possession
- 66 Dispossession or discontinuance
- 67 Deceased in possession
- 68 Grantor in possession
- 69 Future interests in land
- 70 Forfeiture
- 71 Rent wrongly paid
- 72 Tenancies
- 73 Beneficial co-owners of land
PART 5 -- Effect of expiration of limitation period
- 74 Time to commence actions may be extended despite extinguishment of rights
- 75 Extinguishment of right and title to land
- 76 No title by adverse possession against Crown
- 77 Future interests in land
- 78 Provisions in case of land held on trust
PART 6 -- Miscellaneous
- 79 Burden of proof
- 80 Grounds in equity upon which to refuse relief preserved
- 81 Counterclaims -- commencement
- 82 Joint causes of action
- 83 Joint liability
- 84 Formal entry and claim
- 85 Other beneficiaries
- 86 Limited right to recover tax
- 87 Limited operation of certain court orders as to refund of tax
- 88 Arbitrations -- commencement
PART 7 -- Transitional provisions
Division 1 -- Provisions for Civil Liability Legislation Amendment (Child Sexual Abuse Actions) Act 2018
- 89 Terms used
- 90 Application of section 6A
- 91 Previously barred causes of action
- 92 Previously settled causes of action
Uncommenced provisions table
Defined terms