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Employment Relations Act 2000

Institutions - Miscellaneous provisions

222D: Grounds for making section 222C order

You could also call this:

“This tells a judge when they can stop someone from starting more court cases if that person keeps making claims without good reasons.”

A judge can make two types of orders under section 222C. You can get a limited order if the judge thinks at least two of your court cases about the same issue are completely pointless. You can get an extended order if the judge thinks at least two of your court cases about any issue are completely pointless.

When the judge is deciding if your cases are pointless, they can look at other applications or appeals you’ve made, but they don’t have to only consider those things.

The cases the judge looks at must be ones that you started or kept going, even if they’re against different people.

If you appeal a civil case, it’s treated as part of the same case, not a separate one. This rule applies to this section and sections 222E and 222F.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7133706.

Topics:
Crime and justice > Courts and legal help
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222C: Judge may make order restricting commencement or continuation of proceeding, or

“A judge can stop someone from starting or continuing a case in the Employment Court if they think it's necessary.”

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222E: Terms of section 222C order, or

“Rules about stopping someone from going to court too much”

Part 10 Institutions
Miscellaneous provisions

222DGrounds for making section 222C order

  1. A Judge may make a limited order under section 222C if, in civil proceedings about the same matter in the court, the Judge considers that at least 2 or more of the proceedings are or were totally without merit.

  2. A Judge may make an extended order under section 222C if, in at least 2 proceedings about any matter considered by the court, the Judge considers that the proceedings are or were totally without merit.

  3. In determining whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application or appeal involving the party to be restrained, but is not limited to those considerations.

  4. The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different persons.

  5. For the purpose of this section and sections 222E and 222F, an appeal in a civil proceeding must be treated as part of that proceeding and not as a distinct proceeding.

Notes
  • Section 222D: inserted, on , by section 12 of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).