25 Jul 2017
MALTESE CAT LIMITED v JOHN DOE AND/OR JANE DOE [2017] NZHC 1728
- Citation
- (2017) 24 PRNZ 254
- Court
- High Court
The Limitation Act 2010 s11 defence applies to money claims; declaratory relief is not a money claim and s11 does not time-bar applications for declarations. Section 43 confirms limitation bars relief but does not extinguish the underlying right. No New Zealand statute was identified that bars declaratory relief for defamation, so the statement of claim seeking declarations is not time-barred.