If your application to the District Court or the Family Court is dismissed, you can still make another application about the same matter. The court's decision not to make an order does not stop you from applying again. You or someone else can make a further application against the same person or someone else.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41862.

Topics:

Crime and justice > Courts and legal help

171: Costs, or

"Who pays court costs in a family law case"

173: Rehearings, or

"Asking the Court to Reconsider a Decision"

Part 9Procedure

172Dismissal of application in District Court or Family Court no bar to further proceedings

Neither the dismissal of an application under this Act by the District Court or the Family Court nor the refusal of the District Court or the Family Court to make an order under this Act shall be a bar to the making of a further application in the same matter and against the same or any other respondent by the same or any other applicant.

Notes

Section 172: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).