Family Proceedings Act 1980

Procedure

163: Vexatious proceedings

You could also call this:

"Stopping annoying or pointless court cases"

Illustration for Family Proceedings Act 1980

You can go to the District Court or the Family Court for help with family problems. The court can stop a case if it thinks the case is not serious or is annoying. The court can also stop someone from starting a case without the court's permission if they have started many annoying cases before. You might not be allowed to start a new case if you have already started many cases that the court thinks are annoying. The court will listen to what you have to say before making a decision. The court can say you need their permission to start a new case. The court wants to make sure people do not waste its time with cases that are not important. You need to think carefully before starting a case in the District Court or the Family Court. The court has rules to help it make fair decisions.

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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.


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Part 9Procedure

163Vexatious proceedings

  1. 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.

  2. 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.

Notes
  • Section 163(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 163(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).