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Senior Courts Act 2016

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

168: Terms of section 166 order

You could also call this:

"Stopping someone from taking a court case without permission"

Illustration for Senior Courts Act 2016

You can get an order under section 166 that stops a party from starting or continuing a proceeding. This order can say they need permission from the High Court first. The order can last up to 3 years, but a Judge can make it last up to 5 years if there are exceptional circumstances.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759532.

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167: Grounds for making section 166 order, or

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169: Procedure and appeals relating to section 166 orders, or

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

168Terms of section 166 order

  1. An order made under section 166 may restrain a party from commencing or continuing any proceeding (whether generally or against any particular person or persons) of any type specified in the order without first obtaining the leave of the High Court.

  2. An order made under section 166, whether limited, extended, or general, has effect for a period of up to 3 years as specified by the Judge, but the Judge making it may specify a longer period (which must not exceed 5 years) if he or she is satisfied that there are exceptional circumstances justifying the longer period.