Section 367 — Property Law Act 2007: Existing matters, proceedings, and instruments

367 Existing matters, proceedings, and instruments (1) Matters or proceedings may be continued, completed, and enforced under a provision of this Act that, with or without modification, replaces, or corresponds to, an enactment referred to in section 365 or 366 , if those matters or proceedings were— (a) commenced under the enactment referred to in section 365 or 366 ; and (b) pending or in progress immediately before 1 January 2008. (2) A period of time within which a thing must be done and that, immediately before 1 January 2008, was running for the purposes of an enactment referred to in section 365 or 366 continues to run for the purposes of any corresponding or replacement provision of this Act as though that thing were required to be done under this Act, but not so as to extend or reduce a period of time that began to run before 1 January 2008. (3) No alteration in the law made by this Act affects— (a) a right, interest, title, immunity, or duty, or a status or capacity, existing under the law so altered and immediately before 1 January 2008; or (b) the validity, invalidity, effect, or consequences of— (i) an instrument of the kind to which this Act applies and that came into operation before 1 January 2008; or (ii) anything done or suffered before that date. (4) All instruments of the kind to which this Act applies and that came into operation before 1 January 2008 must, to give effect to subsection (3), be read and construed as if the law existing immediately before 1 January 2008 continued to have effect, and must be given only the effect and consequences that they would have had under that law. (5) Covenants implied by the Property Law Act 1952 , or by section 96 or 98 of the Land Transfer Act 1952, into instruments that came into operation before 1 January 2008 are not affected by sections 364 and 366(c) , and continue as if that Act, and those sections, had not been repealed. (6) Covenants, conditions, terms, or powers implied by sections 105 to 107 of the Property Law Act 1952 into leases that came into operation before 1 January 2008 are not affected by section 366(c) , and continue as if that Act had not been repealed. (7) Subsections (5) and (6) do not limit subsections (3) and (4); but subsections (1) to (6) are subject to express provision to the contrary in this Act or any other enactment. (8) Nothing in section 365 or this section limits or affects the application of the Interpretation Act 1999 . Compare: 1952 No 51 s 155(3)–(7)