Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Institutions - Miscellaneous provisions

222F: Procedure and appeals relating to section 222C orders

You could also call this:

“Rules for asking permission and disagreeing with court decisions about stopping people from starting legal cases”

You or another party in a legal case can ask for a special order called a section 222C order. A judge can make this order if someone asks for it or if they decide to do it on their own.

If you’re affected by a section 222C order and want to start or continue a civil case, you can ask for permission. You don’t have to tell anyone else when you ask, but the court might tell you to inform specific people.

The judge will usually decide about your request by looking at the papers you give them. They might have a hearing where you talk to them, but only if there’s a really good reason and it’s fair to do so.

Once the judge decides about your request, that’s the final answer. You can’t ask again.

If a section 222C order is made against you, you can appeal to the Court of Appeal if you don’t agree with it.

If you appeal to the Court of Appeal and still don’t like the result, you might be able to appeal to the Supreme Court. But you need to get permission first.

When a court is looking at an appeal about a section 222C order, they have the same powers as the court that made the original decision.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7133708.

Topics:
Crime and justice > Courts and legal help
Government and voting > Government departments
Previous

222E: Terms of section 222C order, or

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

Next

223AAA: Functions of chief executive, or

“The boss of the workplace helps everyone understand and follow the rules about jobs”

Part 10 Institutions
Miscellaneous provisions

222FProcedure and appeals relating to section 222C orders

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

  2. A Judge may make an order under section 222C (a section 222C order) either on an application under subsection (1) or on his or her own initiative.

  3. An application for leave to continue or commence a civil proceeding by a party subject to a section 222C order may be made without notice, but the court may direct that the application for leave be served on any specified person.

  4. 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.

  5. A Judge’s determination of an application for leave is final.

  6. The party against whom a section 222C order is made may appeal against the order to the Court of Appeal.

  7. The appellant in an appeal under subsection (6) or the applicant for the section 222C order concerned may, with the leave of the Supreme Court, appeal against the determination of that appeal to the Supreme Court.

  8. 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.

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