When is the deadline for notice of damage to a municipality or regional district - 2 months?
The catalogue records a 2 months period from The date on which the damage was sustained. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 2 months
- Trigger
- The date on which the damage was sustained
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Relief is available but only at trial or on appeal, not in advance. Section 736(3): failure to give the notice or its insufficiency is not a bar if the court before whom the action is tried, or the Court of Appeal on appeal, believes (a) there was reasonable excuse, and (b) the defendant has not been prejudiced in its defence by the failure or insufficiency. Section 736(2): in the case of the death of the person injured, failure to give notice is not a bar. Never compute the relief; it is a merits finding and the onus is on the claimant.
- SUBSTANTIVE CONDITION OF LIABILITY, NOT A LIMITATION PERIOD - the municipality "is in no case liable" absent notice. It is far shorter than any limitation period and runs from the damage, not from discovery, so it can expire long before the s 6 Limitation Act period has even started. Two months is computed on the corresponding-date method in Interpretation Act s 25.3(1)(a), with s 25.3(3) mapping an endpoint that does not exist in the target month (for example 31 December plus 2 months) to the last day of that month. Note this is delivery of notice TO the local government, not a filing, so the s 25(4) rollover turns on the local government office rather than the court registry.