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LIMITATION ACT 2005 - SECT 33

LIMITATION ACT 2005 - SECT 33

33 .         Defendant in close relationship with person under 18 when cause of action accrues

        (1)         If —

            (a)         a person is under 18 years of age when a cause of action accrues to the person ( person A ); and

            (b)         during any time after the accrual but before person A reaches 18 years of age a defendant is a person in a close relationship with person A,

                an action on that cause of action cannot be commenced if person A has reached 25 years of age.

        (2)         Subsection (1) does not apply if Part 2 Division 3 provides for a longer limitation period for commencing the action.

        (3)         In subsection (1) —

        defendant includes a person for whom a defendant is vicariously liable;

        person in a close relationship , in relation to person A, means —

            (a)         a person ( person B ) who at law has responsibility for —

                  (i)         the long-term care, welfare and development of person A before person A reaches 18 years of age; or

                  (ii)         the day to day care, welfare and development of person A before person A reaches 18 years of age;

                or

            (b)         a person ( person C ) whose relationship with person A or person B is such that it is in the circumstances reasonable —

                  (i)         for person A or person B not to commence an action against person C; or

                  (ii)         for person A not to wish to divulge the conduct or events in respect of which an action against person C would be founded.