206ALeave required in certain cases to commence substantially similar proceedings

1. A proceeding (a new proceeding) may not be commenced under Part 2 without the leave of the court if that new proceeding—

2. is substantially similar to a proceeding previously filed in the Family Court by any person (a previous proceeding); and
3. is to be commenced less than 2 years after the final direction or order was given in the previous proceeding.

4. The leave of the court may only be given under subsection (1) if, since the final direction or order was given in the previous proceeding, there has been a material change in the circumstances of—

5. any party to the previous proceeding:
6. any child or young person who was the subject of the previous proceeding.

7. In this section, a new proceeding is substantially similar to a previous proceeding if—

8. the party commencing the new proceeding was a party to the previous proceeding; and
9. a child who is the subject of the new proceeding was the subject of the previous proceeding; and
10. the new proceeding—
    1. is commenced under the same provision of this Act as the previous proceeding; or
    2. is for an order varying the order made in the previous proceeding; or
    3. is for an order discharging the order made in the previous proceeding.

11. This section does not apply if—

12. every party to the new proceeding consents to its commencement; or
13. the new proceeding is commenced by—
    1. the chief executive; or
    3. an iwi social service; or
    4. a cultural social service; or
    5. the director of a child and family support service; or
    6. a constable.