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Time limits for
legal claims.
Every legal claim has a deadline. Miss it, and you lose the right to sue, no matter how strong your case.
Limitation periods set the maximum time within which you can bring a legal claim. After this period expires, the claim is "statute-barred" and courts will not hear it, regardless of its merits.
The policy rationale is fairness to defendants, who should not face claims indefinitely. Over time, evidence degrades, witnesses forget, and documents are lost. New Zealand's limitation rules come primarily from the Limitation Act 2010.
Most civil claims fall into these categories.
Contract claims
Claims for breach of contract must be brought within 6 years from when the breach occurred. Includes money owed, failure to deliver, breach of warranties.
Tort claims
Negligence, nuisance, trespass. Time runs from when damage occurred or was discoverable. Includes professional negligence claims.
Equitable claims
Breach of fiduciary duty, constructive trust claims, equitable compensation. Some exceptions apply for fraud or concealment.
Claims on a deed
If an obligation is contained in a deed (a formal document under seal), the limitation period extends to 12 years.
Longstop period
An absolute outer limit for most claims, running from the date of the act or omission that caused the damage, regardless of when the damage was discovered.
Special short periods.
These claims have much shorter deadlines. Miss them and you are almost certainly out of time.
Personal grievance (employment)
Time runs from when the employee knew, or ought to have known, of the issue. Missing this deadline usually means losing your claim entirely.
Family Protection Act claim
Claims against an estate must be filed within 12 months of probate being granted. The court has very limited discretion to extend.
ACC review
To challenge an ACC decision, you must apply for review within 3 months.
Relationship property
Claims under the Property (Relationships) Act must be filed within 12 months of separation (or death).
When does time start running?
This is often the crucial question.
Contract claims
Time runs from the date of the breach, not when you discovered it. If a builder installed a defective foundation in 2020, the 6-year clock started in 2020, even if the defect wasn't visible until 2024.
Tort claims (negligence)
Time runs from when the damage occurs, or (under the Limitation Act 2010) from when you knew or ought to have known of the damage. The "late knowledge" rule can extend time, but is subject to the 15-year longstop.
Professional negligence
Often the trickiest category. Damage may not become apparent for years. The late knowledge provisions help, but the longstop still applies.
Continuing breaches
If a breach is ongoing (like continuing trespass or ongoing failure to pay), a new limitation period may start each day the breach continues.
Common mistakes.
Assuming time runs from discovery
For contract claims, time runs from breach, not discovery. The late knowledge rule only applies to tort claims.
Waiting for the "last minute"
Claims filed close to the deadline risk being struck out if there are procedural errors or service delays.
Thinking negotiations pause limitation
Settlement negotiations do not stop the clock. You need a formal standstill agreement.
Confusing different limitation periods
The same facts may give rise to different claims with different periods. Professional advice is essential.
Key Takeaways
Most contract and tort claims must be brought within 6 years
Employment personal grievances have only 90 days
Family Protection Act claims must be filed within 12 months of probate
Time generally runs from breach (contract) or discovery of damage (tort)
The 15-year longstop applies to most claims regardless of late discovery
Once expired, limitation periods cannot be revived
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