
The Legal Hourglass: The Importance of Time Limits
The legal system loves finality. When a government agency makes a decision or a judge issues an order, it becomes “the law” and must be followed. Even when Parliament enacts new law, it should not be retrospective – it should not affect legal transactions and decisions that have already happened. However, a pillar of free and democratic society is the right to apply for a review of decisions and judgments, or appeal to a senior court.
So, how does the law reconcile the finality of a legal decision with the right to challenge it? Time limits. New Zealand law has a number of different time limits, which change depending on the area of law (criminal, employment, immigration, etc.) and the governing legislation. There are far too many to go through in a single article.
Missing a time limit can be the difference between your case being heard by a court, tribunal, or independent decision-maker, and having it dismissed altogether.
Sometimes, time limits can be as short as five working days – such as applying for a rehearing of Tenancy Tribunal proceedings. At the other end of the scale, a common law money claim can often be resisted if it is filed six years or more after events on which the claim is based. Personal grievances in an employment relationship must be delivered in writing to the employer within 90 days. Recently, Parliament extended the time limit to 12 months for personal grievances relating to sexual harassment in employment. In some instances, there may be no time limit, such as when charges are filed for the most serious crimes, like murder.
Time limits can be categorised as “soft” and “hard.” “Soft” time limits often allow for extensions under compelling circumstances, such as when the applicant was incapacitated, or unable to seek legal advice, or where the other party consents to an extension. Conversely, “hard” time limits do not allow for late claims, as seen in many types of appeals to the Immigration and Protection Tribunal against Immigration New Zealand decisions.
Most legal time limits will be well publicized online, by the relevant government agency. However, sometimes the urgency of a situation can be difficult to measure from your own research.
A good rule of thumb is to get legal advice – even just brief, initial advice – as soon as you identify something wrong with a legal process. Consider reaching out to a lawyer, advocate, or your local Community Law Centre for guidance.