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Limitation Defences Bill

Media Release
Rt Hon Sir Geoffrey Palmer,
President, Law Commission
Friday 14 December 2007

Limitation Defences Bill

The Law Commission released an exposure draft of a Limitation Defences Bill today, which can be read on their website www.lawcom.govt.nz (or Here: http://img.scoop.co.nz/media/pdfs/0712/LimitationDefencesBillED.pdf).

“It has been a long and tortuous journey to reform the limitation law of New Zealand”, Sir Geoffrey Palmer said today. “This Bill will provide the basis for a modern comprehensive statute that contains clearer and more accessible rules about the periods within which claims must be filed in the courts”.

“It is designed to balance the rights of claimants and the rights of defendants and bring the law up to date. The Courts have been crying out for Parliament to deal with the subject for years”.

The 1950 Act that is the subject of this reform has been the subject of no fewer than three Law Commission reports over the years starting in 1988, and most recently an update authored for the Commission by the Barrister, Christopher Corry. All these papers are available on the Commission’s website.

“This is a technical and difficult legal area”, according to Sir Geoffrey. “But it is of great importance in the administration of justice. We want to test this draft bill to ensure we have got it right. That is why we have published an exposure draft, prepared by the Parliamentary Counsel Office, and are seeking submissions.”

“It will mainly be lawyers who are interested in the technical features of this draft legislation. The Law Commission seeks submissions on the draft by the 15th of February 2008.”

“At last we are beginning to see light at the end of the tunnel.”

Submissions and comments can be emailed to limitations@lawcom.govt.nz or posted to the General Manager, Law Commission, PO Box 2590, Wellington

See also... http://img.scoop.co.nz/media/pdfs/0712/LimitationDefencesBillED.pdf


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