Limitation Act 1981

The 1-year limitation period referred to in section 12(2)(b) is taken to have been extended as provided by subsection (2) if a concerns notice is given to the proposed defendant on a day (the

notice day) within the period of 56 days before the limitation period expires.

The limitation period is extended for an additional period of 56 days minus any days remaining after the notice day until the 1-year limitation period expires.

Example for subsection (2)

Assume a concerns notice is given 7 days before the limitation period expires. This means that there are 6 days left after the notice day before the period expires.

Consequently, this subsection would operate to extend the limitation period by 56 days minus 6 days, that is, 50 days.

In this section:

concerns notice, see section 11A of the Defamation

Act 2006.

date of publication, in relation to the publication of matter in electronic form, means the day on which the matter was first uploaded for access or sent electronically to a recipient.