Senior Courts Act 2016

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

167: Grounds for making section 166 order

You could also call this:

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

You can get a special order to stop someone from starting or continuing a court case. A Judge can make this order if they think at least two court cases about the same matter are totally without merit. You can read more about this type of order in section 166. You might get a stronger order if a Judge thinks you have started many court cases that are totally without merit. The Judge looks at all your court cases to decide this. They consider things like the types of applications or appeals you have made. When a Judge decides if your court cases are totally without merit, they look at cases you started or continued. This includes cases against the same person or different people. If you appeal a court decision, it is treated as part of the original case, not a new one, as explained in sections 168 and 169. A Judge can consider many things when deciding if your court cases are totally without merit. They are not limited to just a few things. This helps the Judge make a fair decision about whether to stop you from starting or continuing a court case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759531.

This page was last updated on 9 February 2026 — View changes

Topics:

Crime and justice > Courts and legal help

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

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

168: Terms of section 166 order, or

"Stopping someone from taking a court case without permission"

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

167Grounds for making section 166 order

A Judge may make a limited order under section 166 if, in civil proceedings about the same matter in any court or tribunal, the Judge considers that at least 2 or more of the proceedings are or were totally without merit.
A Judge may make an extended order under section 166 if, in at least 2 proceedings about any matter in any court or tribunal, the Judge considers that the proceedings are or were totally without merit.
A Judge may make a general order if, in at least 2 proceedings about any matter in any court or tribunal, the Judge considers that the proceedings are or were totally without merit.
In determining whether proceedings are or were totally without merit, the Judge may take into account the nature of any interlocutory applications, appeals, or criminal prosecutions involving the party to be restrained, but is not limited to those considerations.
The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different persons.
For the purpose of this section and sections 168 and 169, an appeal in a civil proceeding must be treated as part of that proceeding and not as a distinct proceeding.