Section 54 of the Legislation Act 2019 explains whether a start or end date is included when legislation creates a period. The answer depends on words such as "on", "from", "after", "within", "until" and "before".
Section 54 applies to legislation. A contract, court rule or other instrument may provide its own counting rule. Section 54 also does not identify the event that starts the period or define working day. Settle those questions from the relevant provision before using the calculator.
Match the wording to the boundary controls
| Wording in the legislation | Does the specified date count? | Calculator setting |
|---|---|---|
| A period starts at, on or with a specified day, act or event | Yes | Include start date: on |
| A period starts from or after a specified day, act or event | No | Include start date: off |
| Within a number of days of or after a specified day, act or event | No | Include start date: off |
| A period ends by, on, at or with a specified day, act or event | Yes | Include deadline date: on |
| A period continues to or until a specified day, act or event | Yes | Include deadline date: on |
| A period ends before a specified day, act or event | No | Include deadline date: off |
| A number of days lies between two specified events | Neither event day | Both controls: off |
There is no single rule that always excludes the first day and includes the last. Use the row that matches the wording of the provision.
"After" excludes the trigger date
Suppose legislation requires an act within three working days after Monday 2 February 2026. Under section 54, the trigger date does not count:
| Date | Treatment |
|---|---|
| Monday 2 February | Trigger date, excluded |
| Tuesday 3 February | Day 1 |
| Wednesday 4 February | Day 2 |
| Thursday 5 February | Day 3 |
The deadline is Thursday 5 February 2026. Use:
- Mode: Default Mode → Deadline
- Start date: 2 February 2026
- Direction: Forward
- Period: 3 working days
- Include start date: off
- Include deadline date: on
- Region: No Anniversary
- Shutdown Period: No Shutdown
If the provision instead says that the period starts on 2 February, turn Include start date on. Monday becomes day 1 and the third working day is Wednesday 4 February 2026. The single change in wording moves the result by one day.
Section 55 deals with a non-working final day
Section 55 addresses a separate situation. If the day for doing an act is not a working day, section 55 may allow the act to be done on the next working day.
Apply the provisions in order:
- use section 54 to decide which boundary dates count;
- calculate the period using the applicable working-day definition; and
- if the result is not a working day, check whether section 55 extends it.
Do not build the section 55 extension into the start-date choice. It applies after the initial result has been calculated.
Four other questions come from the governing provision
The two boundary controls cannot resolve:
The trigger event. Service, receipt, filing and a decision may occur on different dates. Identify the event used by the provision and establish when it occurred.
The unit. Section 54 does not turn calendar days into working days. Use the unit stated in the provision.
The working-day definition. Legislation may use the general definition in section 13 of the Legislation Act or supply its own. The RMA and court rules, for example, use different summer exclusions.
Whether section 54 applies. A private agreement may define its own business day, boundaries and extension rule. Similar wording does not make section 54 apply automatically.
Cut-off times, methods of service, deemed receipt, filing requirements and extensions are separate from the date count. Check them in the governing instrument after calculating the date.
Sources
Sources checked on 3 August 2026:
- Legislation Act 2019, section 54, for when periods start and end
- Legislation Act 2019, section 55, for an act due on a non-working day
- Legislation Act 2019, section 13, for the general working-day definition
Both boundary results are covered by executable calculator tests.
