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Abuse, Psychology and Limitation Periods: The Limitation Act 2010 Is Not the Solution

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dc.contributor.author Allan, Ashleigh
dc.date.accessioned 2011-08-18T00:26:50Z
dc.date.accessioned 2022-10-27T03:09:22Z
dc.date.available 2011-08-18T00:26:50Z
dc.date.available 2022-10-27T03:09:22Z
dc.date.copyright 2010
dc.date.issued 2010
dc.identifier.uri https://ir.wgtn.ac.nz/handle/123456789/25635
dc.description.abstract The recently passed Limitation Act 2010 attempts to remedy the injustice that limitation periods have caused for childhood abuse survivors. Psychological research shows that most survivors of childhood abuse do not disclose the abuse until many years later because of the long-term psychological effects of the abuse. It may not be until decades later that the abuse survivor recognises they were abused, connects the abuse to later psychological harm, or confronts the feelings of fear, shame or guilt and is able to pursue a claim. Limitation laws in New Zealand have not adequately taken this into account. The 1950 Act did not contemplate this problem and while the judiciary has inventively used the reasonable discoverability doctrine to allow extensions of time, it is well accepted this has been failing. Most claimants have been time-barred from bringing civil proceedings before they even realised they had a claim. The solution in the 2010 Act is a discretionary approach based on United Kingdom law. Courts will be able to award a remedy for claims of childhood abuse if it is just, even if a limitation defence can be made out. en_NZ
dc.format pdf en_NZ
dc.language en_NZ
dc.language.iso en_NZ
dc.publisher Te Herenga Waka—Victoria University of Wellington en_NZ
dc.subject Limitation of actions en_NZ
dc.subject Time (Law) en_NZ
dc.subject Psychology of abuse en_NZ
dc.title Abuse, Psychology and Limitation Periods: The Limitation Act 2010 Is Not the Solution en_NZ
dc.type Text en_NZ
vuwschema.contributor.unit School of Law en_NZ
vuwschema.type.vuw Bachelors Research Paper or Project en_NZ
thesis.degree.discipline Law en_NZ
thesis.degree.grantor Te Herenga Waka—Victoria University of Wellington en_NZ
thesis.degree.name Bachelor of Laws with Honours en_NZ

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