Choice of Law (Limitation Periods) Act 1996


Published: 1996-11-01

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Minister: Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence
Agency: Department of Justice and Attorney-General


Choice of Law (Limitation Periods) Act 1996


Choice of Law (Limitation Periods) Act 1996

An Act about limitation periods for choice of law purposes

1Short title

This Act may be cited as the Choice of Law (Limitation Periods) Act 1996.

2Commencement

This Act commences on a day to be fixed by proclamation.

3Application

(1)This Act applies to a cause of action that arose before the commencement of this Act but does not apply to a proceeding started before the commencement.
(2)This Act does not apply to New Zealand until it is declared under a regulation to apply.
(3)If—
(a)the substantive law of New Zealand is to govern a claim before a court of the State; and
(b)a proceeding on the claim is started before the declaration takes effect;

this Act does not apply to the proceeding.

4Definitions

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 for a claim by reference to the time when a proceeding on, or the arbitration of, the claim is started.
relevant place means another State, a Territory or New Zealand.

5Characterisation of limitation laws

If the substantive law of a relevant place is to govern a claim before a court of the State, a limitation law of the relevant place is to be regarded as part of that substantive law and applied accordingly by the court.

6Exercise of discretion under limitation law

If a court of the State exercises a discretion conferred under a limitation law of a relevant place, the discretion, as far as practicable, is to be exercised in the way in which it is exercised in comparable cases by the courts of the relevant place.

7Regulation-making power

The Governor in Council may make regulations under this Act.