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Resource Management Act 1991

Environment Court - Procedure and powers

288E: Terms of section 288C order

You could also call this:

“The court can stop someone from starting or continuing legal cases for up to 5 years.”

When the court makes an order under section 288C, it can stop you from starting or continuing any civil court case. This applies to the types of cases mentioned in the order. If you want to start or continue a case after this order is made, you need to ask the court for permission first.

The court can make this order last for up to 3 years. The judge decides how long it will last. In special situations, the judge can make the order last for up to 5 years. But this only happens if there are very good reasons for making it last longer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7146006.

Topics:
Crime and justice > Courts and legal help
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288D: Grounds for making section 288C order, or

“When a judge can stop someone from starting more court cases that have no real reason”

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288F: Procedure and appeals relating to section 288C orders, or

“Rules for asking a judge to stop someone from starting court cases and what to do if you don't like the judge's decision”

Part 11 Environment Court
Procedure and powers

288ETerms of section 288C order

  1. An order made under section 288C may restrain a party from commencing or continuing any civil proceeding (whether generally or against any particular person or persons) of any type specified in the order without first obtaining the leave of the court.

  2. An order made under section 288C, whether limited or extended, has effect for a period of up to 3 years as specified by the Judge, but the Judge making it may specify a longer period (which must not exceed 5 years) if he or she is satisfied that there are exceptional circumstances justifying the longer period.

Notes
  • Section 288E: inserted, on , by section 8 of the Resource Management Amendment Act 2016 (2016 No 68).