26PCommencement of victim claims proceedings despite expiry of limitation period

#### 26P Commencement of victim claims proceedings despite expiry of limitation period 26P Commencement of victim claims proceedings despite expiry of limitation period > > (1) If there is a victim trust fund for victims of an offender, an action on a cause of action to recover damages pursuant to a victim claim against the offender is (despite any provision of the [Limitation Act 1969](/view/html/inforce/current/act-1969-031)) maintainable by proceedings on the cause of action commenced during the eligibility period for the victim trust fund. > > > (2) The right and title to damages of a person formerly having such a cause of action that has been extinguished by the expiration of a limitation period fixed by or under the [Limitation Act 1969](/view/html/inforce/current/act-1969-031) is reinstated for the purposes of proceedings on the cause of action that are commenced during the eligibility period for the victim trust fund. > > > (3) However, an award of damages in proceedings commenced under this section (that could not otherwise be commenced)— > > > > > (a) has effect only for the purpose of enabling an order to be made under this Division for the payment of the whole or a specified part of those damages out of money held in the victim trust fund concerned, and > > > > > (b) cannot otherwise be enforced against the offender concerned or any property of the offender. > > **s 26P:** Ins 2005 No 76, Sch 1 \[1\].