Family Proceedings Act 1980

Procedure

163: Vexatious proceedings

You could also call this:

"The court can stop cases that are not serious or are annoying and wasting time."

Illustration for Family Proceedings Act 1980

The court can stop proceedings if they are frivolous or vexatious. You might think of "frivolous" as not serious, and "vexatious" as annoying or harassing. The court can do this if it thinks the proceedings are an abuse of the court's procedure. If you keep starting proceedings that are vexatious, the court can order that you need its permission to start any more proceedings under this Act. The court will give you a chance to say something before it makes this order. This order can apply to all proceedings or just to certain types of proceedings. This section does not limit what is said in section 12B of the Family Court Act 1980 or section 216A of the District Court Act 2016. You can look at these links to find out more about these sections. They are part of other laws that relate to the court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41846.

This page was last updated on 24 February 2026 — View changes

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Crime and justice > Courts and legal help

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164: Evidence, or

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Part 9Procedure

163Vexatious proceedings

The District Court or the Family Court may dismiss any proceedings before it under this Act if it is satisfied that they are frivolous or vexatious or an abuse of the procedure of the court.
The District Court or the Family 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 proceedings under this Act, or no such proceedings of any specified kind or against any specified person, shall be commenced by the first-mentioned person without the leave of the court.
Nothing in this section limits section 12B of the Family Court Act 1980 or section 216A of the District Court Act 2016.

Notes

Section 163(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 163(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 163(3): inserted, on 17 February 2026, by section 14 of the Victims of Family Violence (Strengthening Legal Protections) Legislation Act 2025 (2025 No 2).