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Senior Courts Act 2016

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

169: Procedure and appeals relating to section 166 orders

You could also call this:

"Rules for appealing a section 166 order in court"

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You can apply for a limited or extended order if you are a party to a proceeding. The Attorney-General is the only one who can apply for a general order. A Judge of the High Court can make any of these orders. You can apply for leave to start or continue a civil proceeding if you are subject to a section 166 order. The court might tell you to serve your application on a specific person. The Judge will usually decide on your application based on the papers, but might have a hearing if it is necessary. If a section 166 order is made against you, you can appeal to the Court of Appeal or the Supreme Court. You need the Supreme Court's permission to appeal to them. The Supreme Court can also hear an appeal from a decision made by the Court of Appeal. A court hearing an appeal has the same powers as the court that made the original decision. A section 166 order does not stop a private criminal prosecution from starting. The Judge's decision on an application for leave is final.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759533.

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

169Procedure and appeals relating to section 166 orders

  1. A party to any proceeding may apply for a limited order or an extended order.

  2. Only the Attorney-General may apply for a general order.

  3. A Judge of the High Court may make a limited order, an extended order, or a general order either on application (under subsection (1) or (2), as applicable) or on his or her own initiative.

  4. An application for leave to continue or commence a civil proceeding by a party subject to a section 166 order may be made without notice, but the court may direct that the application for leave be served on any specified person.

  5. An application for leave must be determined on the papers, unless the Judge considers that an oral hearing should be conducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice.

  6. The Judge’s determination of an application for leave is final.

  7. A section 166 order does not prevent or affect the commencement of a private criminal prosecution in any case.

  8. The party against whom a section 166 order is made may appeal against the order to—

  9. the Court of Appeal:
    1. the Supreme Court, with the leave of that court, in any case.

      1. The appellant in an appeal to the Court of Appeal under subsection (8) or the applicant for the section 166 order concerned may, with the leave of the Supreme Court, appeal to the Supreme Court against the determination of that appeal by the Court of Appeal.

      2. A court determining an appeal under this section has the same powers as the court appealed from has to determine an application or appeal, as the case may be.

      3. In this section, a section 166 order means an order made under section 166.

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