Plain language law

New Zealand law explained for everyone

Senior Courts Act 2016

Rules of court and miscellaneous provisions - Order restricting commencement or continuation of proceeding

166: Judge may make order restricting commencement or continuation of proceeding

You could also call this:

"A judge can stop you from starting or continuing a court case."

Illustration for Senior Courts Act 2016

A Judge of the High Court can make an order that stops you from starting or continuing a civil case. The order can have a limited, extended, or general effect on you. This means it can stop you from taking a specific case to court, or it can stop you from taking any cases to court. A limited order stops you from taking a particular case to a senior court, another court, or a tribunal. An extended order stops you from taking a particular case or a related case to a senior court, another court, or a tribunal. A general order stops you from taking any case to a senior court, another court, or a tribunal. The court still has the power to control its own cases, even with these orders in place. This power is separate from the orders the Judge can make. You should understand that these orders can affect your ability to take a case to court.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759526.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal help
Previous

165: Contempt of court, or

"What happens when you disobey a court"

Next

167: Grounds for making section 166 order, or

"When can a court stop someone from starting or continuing a case that has no chance of winning?"

Part 6Rules of court and miscellaneous provisions
Order restricting commencement or continuation of proceeding

166Judge may make order restricting commencement or continuation of proceeding

  1. A Judge of the High Court may make an order restricting a person from commencing or continuing a civil proceeding.

  2. The order may have—

  3. a limited effect (a limited order); or
    1. an extended effect (an extended order); or
      1. a general effect (a general order).

        1. A limited order restrains a party from commencing or continuing civil proceedings on a particular matter in a senior court, another court, or a tribunal.

        2. An extended order restrains a party from commencing or continuing civil proceedings on a particular or related matter in a senior court, another court, or a tribunal.

        3. A general order restrains a party from commencing or continuing civil proceedings in a senior court, another court, or a tribunal.

        4. Nothing in this section limits the court’s inherent power to control its own proceedings.