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Senior Courts Act 2016

Rules of court and miscellaneous provisions - Automatic restraint on commencing or continuing civil proceeding

164C: Automatic restraint on persons from commencing or continuing civil proceeding

You could also call this:

"Some people can't start or continue a court case without permission"

Illustration for Senior Courts Act 2016

If you have had two orders made against you under section 164B(2)(a) within two years, you are restrained from starting or continuing a civil case in a senior court, another court, or a tribunal without the High Court's permission. You need to get the High Court's leave before you can commence or continue a civil proceeding, including an appeal. This restraint applies for three years from the date of the second order, or until one of the orders is overturned on appeal. If you want to start or continue a civil case, you can apply to the High Court for leave without telling the other party, but the court might tell you to serve the application on them. The High Court will usually decide your application based on the paperwork, but might hold a hearing if there are exceptional circumstances. The High Court's decision is final. This restraint does not apply if you are appealing an order made under section 164B(2)(a). It also does not stop you from starting a private criminal prosecution.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1569817.

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Part 6Rules of court and miscellaneous provisions
Automatic restraint on commencing or continuing civil proceeding

164CAutomatic restraint on persons from commencing or continuing civil proceeding

  1. This section applies if—

  2. an order is made under section 164B(2)(a) in respect of a proceeding filed by a person (the first strike-out order); and
    1. after the first strike-out order is made, an order is made under section 164B(2)(a) in respect of another proceeding filed by the same person (the subsequent strike-out order); and
      1. the subsequent strike-out order referred to in paragraph (b) is made within 2 years of the date that the first strike-out order was made.

        1. For the purposes of subsection (1), it does not matter that—

        2. the first strike-out order and subsequent strike-out order were made in different courts; or
          1. the proceedings in respect of the first strike-out order and subsequent strike-out order were commenced against the same or different persons.

            1. A person referred to in subsection (1) is restrained from doing any of the following in a senior court, another court, or a tribunal without first obtaining the leave of the High Court:

            2. commencing a civil proceeding (including an appeal):
              1. continuing a civil proceeding.

                1. Subsection (3) applies until the earlier of the following:

                2. 3 years from the date that the subsequent strike-out order is made; or
                  1. the first strike-out order or subsequent strike-out order is set aside on appeal.

                    1. In respect of an application for leave to commence or continue a civil proceeding by a person restrained by subsection (3),—

                    2. the application for leave may be made without notice, but the court may direct that the application for leave be served on any specified person; and
                      1. the 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; and
                        1. the High Court’s determination of the application for leave is final.

                          1. A restraint under subsection (3) does not apply to an appeal against an order made under section 164B(2)(a).

                          2. This section does not prevent or affect the commencement of a private criminal prosecution in any case.

                          Notes
                          • Section 164C: inserted, on , by section 7 of the Judicature (Timeliness) Legislation Amendment Act 2025 (2025 No 85).