Legal Timeframes in New Zealand
Understanding limitation periods and important legal deadlines
Quick Answer
Most civil claims in NZ must be filed within 6 years. Employment grievances have a critical 90-day deadline. Building defects have 10 years. Criminal offences range from 6 months (summary) to no limit (serious crimes). Missing a deadline can mean losing your right to claim entirely - always seek legal advice early.
Important Warning
Legal deadlines are strict. Missing a limitation period usually means you cannot bring your claim at all. If you think you have a legal issue, seek advice immediately. Don't wait until close to the deadline - gathering evidence and preparing documents takes time.
Critical Deadlines to Know
90-Day Employment Grievance
Miss this and you lose your right to claim unfair dismissal
ACC Review Rights
2-year limit to review ACC decisions
Statement of Defence
Failure to file can result in default judgment against you
Appeal Deadlines
Miss the deadline and lose right to appeal
Relationship Property
12 months after divorce to make claim
Civil Limitation Periods
| Claim Type | Time Limit | Starts From | Notes |
|---|---|---|---|
| Contract Claims | 6 years | Date of breach | Written contracts; includes debt recovery |
| Tort Claims (Negligence, etc.) | 6 years | Date damage occurred | Personal injury, property damage, professional negligence |
| Personal Injury (ACC) | 12 months | Date of injury | To lodge ACC claim; review rights 2 years |
| Employment Personal Grievance | 90 days | Date of dismissal/action | Critical deadline - can be extended in limited circumstances |
| Defamation | 2 years | Date of publication | Can be extended by court in some cases |
| Building Defects | 10 years | Date of act/omission | Under Building Act 2004 |
| Relationship Property | 12 months | Date of divorce/separation | After final order; can be extended by court |
| Disputes Tribunal | 6 years | Cause of action | Claims up to $30,000 |
Court Response Timeframes
File Statement of Defence
After being served with claim
Appeal District Court Decision
From date of decision
Appeal High Court Decision
From date of decision
Response to Divorce Application
After being served
Challenge ERA Determination
From date of determination
Judicial Review Application
But unreasonable delay can bar claim
Criminal Prosecution Timeframes
| Offence Type | Time Limit | Notes |
|---|---|---|
| Summary Offences | 6 months | From date offence committed; can be extended |
| Category 1-2 Offences | 6 months | Minor criminal matters |
| Category 3-4 Offences | No limit | Serious offences (e.g., assault, theft) |
| Murder/Manslaughter | No limit | Can be prosecuted at any time |
| Sexual Offences | No limit | Historic cases can still be prosecuted |
Family Law Timeframes
Divorce Application
2 years separation
Or proof marriage has broken down
Protection Order (Without Notice)
Same day possible
Urgent applications heard quickly
Parenting Order Response
21 days
To file notice of response
Relationship Property Claim
Within 12 months
Of final divorce order
Testamentary Promise Claim
12 months
From grant of probate
Family Protection Act Claim
12 months
From grant of probate
What to Do About Deadlines
- ✓ Act early - Don't wait until close to a deadline
- ✓ Document everything - Keep records with dates
- ✓ Seek legal advice - A lawyer can confirm exact deadlines for your situation
- ✓ Note key dates - Calendar important deadlines immediately
- ✓ Know that extensions are rare - Courts rarely extend limitation periods
Disclaimer
This guide provides general information only. Limitation periods can be complex, with exceptions and variations depending on specific circumstances. The time a limitation period starts running can be subject to interpretation. Always seek professional legal advice for your specific situation.
Concerned About a Deadline?
Don't risk missing a critical time limit. Get legal advice now to protect your rights.