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Local Government Act 2002

Consequential amendments, repeals, revocations, transitional provisions, and savings - Transitional provisions

308: Existing causes of action

You could also call this:

“Court cases started before the new law can still go ahead”

If an old law is cancelled by the Local Government Act 2002, it doesn’t mean that you can’t take legal action for things that happened before the new law started. You can still go to court about these old issues, as long as you do it within the time limit.

If you had a reason to take legal action before this new law began, but you hadn’t started any court case yet, you can still use the old law to take your case to court. The old law will still apply to your case, even though it has been replaced by the new law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM174240.

Topics:
Government and voting > Local councils
Crime and justice > Courts and legal help
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307: Existing proceedings, or

“Old cases continue under old rules”

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Part 12 Consequential amendments, repeals, revocations, transitional provisions, and savings
Transitional provisions

308Existing causes of action

  1. Subject to the applicable period of limitation, the repeal by this Act of any existing Act or provision does not extinguish any existing cause of action.

  2. If any cause of action has arisen before the commencement of this section under any of the provisions repealed by this Act and, at commencement of this section, no proceedings have been initiated in respect of that cause of action under those provisions, those provisions continue to apply to any proceedings commenced in respect of any such cause of action as if this Act had not been passed.