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Child Support Act 1991

General provisions - Miscellaneous provisions

227: Vexatious proceedings

You could also call this:

“Rules to stop people from misusing courts for child support cases”

If you go to the Family Court or District Court with a case about child support, the court can decide not to hear your case if they think it’s not serious or if you’re just trying to cause trouble. This is to stop people from wasting the court’s time.

Sometimes, a person might keep bringing cases to court that aren’t real or are just meant to bother others. If this happens, the court can stop that person from starting new cases about child support. Before they do this, they’ll give the person a chance to explain themselves. If the court decides to stop them, that person will need to ask the court for permission before they can start any new cases about child support.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM257339.

Topics:
Family and relationships > Children and parenting Crime and justice > Courts and legal help
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Part 14 General provisions
Miscellaneous provisions

227Vexatious proceedings

  1. The Family Court or District Court may dismiss any proceeding before it under this Act if it is satisfied that it is frivolous or vexatious or an abuse of the procedure of the court.

  2. The Family Court or District Court may, if it is satisfied that a person has persistently instituted vexatious proceedings under this Act or any former Act (whether against the same person or against different persons), after giving the first-mentioned person an opportunity of being heard, order that no proceeding under this Act, or no such proceeding of any specified kind or against any specified person, shall be commenced by the first-mentioned person without the leave of the court.

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Notes
  • Section 227(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 227(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).