288DGrounds for making section 288C order

1. A Judge may make a limited order under section 288C if, in proceedings about the same matter in the court, the Judge considers that at least 2 or more of the proceedings are or were totally without merit.

2. A Judge may make an extended order under section 288C if, in at least 2 proceedings about any matter considered by the court, the Judge considers that the proceedings are or were totally without merit.

3. In determining whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application, appeals, or criminal prosecutions involving the party to be restrained, but is not limited to those considerations.

4. The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different persons.

5. For the purpose of this section and sections 288E and 288F, an appeal in a civil proceeding must be treated as part of that proceeding and not as a distinct proceeding.

Notes

• Section 288D: inserted, on 1 March 2017, by section 8 of the Resource Management Amendment Act 2016 (2016 No 68).