Oranga Tamariki Act 1989

Provisions relating to procedure in respect of proceedings under Parts 2 and 3A - Miscellaneous provisions

207: Vexatious proceedings

You could also call this:

"When the court thinks a case is not serious or is meant to annoy someone, they can stop it."

Illustration for Oranga Tamariki Act 1989

If you take a case to court under Part 2 of the Oranga Tamariki Act, the court can dismiss it if they think it is frivolous or vexatious. This means the court can stop the case if they believe it is not a genuine or serious matter. The court makes this decision if they are satisfied that the case has no real basis or is being taken to court to annoy or harass someone.

If you keep taking cases to court under Part 2 that the court thinks are vexatious, the court can stop you from taking more cases without their permission. The court will give you a chance to explain yourself before making this decision. They can decide that you need their permission to start any new cases under Part 2, or just certain types of cases, or cases about specific people or matters.

The court has the power to make these decisions to prevent the misuse of the court process, and to ensure that only genuine and serious cases are heard. You can find more information about this in Part 2 of the Oranga Tamariki Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151672.


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206B: Power to dismiss proceedings, or

"The court can stop a case if it's not good for the child or if it's not a serious case."


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207A: Purpose of Part, or

"Helping kids who need care or protection, no matter where they live in New Zealand or Australia."

Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Miscellaneous provisions

207Vexatious proceedings

  1. The court may dismiss any proceedings before it under Part 2 if it is satisfied that they are frivolous or vexatious or an abuse of the procedure of the court.

  2. The court may, if it is satisfied that a person has persistently instituted vexatious proceedings under Part 2 or under the corresponding provisions of any former Act (whether those proceedings were in respect of the same person or matter or different persons or matters), after giving the first-mentioned person an opportunity of being heard, order that no proceedings under Part 2, or no proceedings under that Part of any specified kind or in respect of any specified person or matter, shall be commenced by the first-mentioned person without the leave of the court.

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