Victims of Family Violence (Strengthening Legal Protections) Legislation Act 2025

• Jurisdiction: New Zealand
• Act Number: 2
• Record Number: LMS883087
• Year: 2025
• Type of Document: Act

Contenidos

• Victims of Family Violence (Strengthening Legal Protections) Legislation Act 2025
• Contents
• 1 Title
• 2 Commencement
• Part 1
• Part 1
• 3 Principal Act
• 4 New section 2A inserted (Transitional, savings, and related provisions)
• 5 New section 12B inserted (Restriction on commencing or continuing proceedings under specified Acts in cases of litigant abuse)
• 6 New Schedule 1AA inserted
• Part 2
• 7 Principal Act
• 8 New section 216A and cross-heading inserted
• 9 Schedule 1AA amended
• Part 3
• 10 Principal Act
• 11 New section 169A and cross-heading inserted
• 12 Schedule 5 amended
• Part 2
• Part 1
• 13 Principal Act
• 14 Section 163 amended (Vexatious proceedings)
• Part 2
• 15 Principal Act
• 16 Section 227 amended (Vexatious proceedings)
• Part 3
• 17 Principal Act
• 18 Section 141 amended (Power to restrict commencement of proceedings if vexatious proceedings previously instituted)
• Schedules
• 1 New Schedule 1AA inserted into Family Court Act 1980
• 1AA Transitional, savings, and related provisions
• 2 New Part 2 of Schedule 1AA inserted into District Court Act 2016
• Part 2
• 3 New Part 3 of Schedule 5 inserted into Senior Courts Act 2016
• Part 3

Victims of Family Violence (Strengthening Legal Protections) Legislation Act 2025

Contents

1 Title

This Act is the Victims of Family Violence (Strengthening Legal Protections) Legislation Act 2025.

2 Commencement

This Act comes into force on a date set by Order in Council.

Any part of the Act that has not come into force 1 year after Royal assent comes into force then.

An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Part 1

Part 1

3 Principal Act

This subpart amends the Family Court Act 1980.

4 New section 2A inserted (Transitional, savings, and related provisions)

After section 2, insert:

2A Transitional, savings, and related provisions

5 New section 12B inserted (Restriction on commencing or continuing proceedings under specified Acts in cases of litigant abuse)

After section 12A, insert:

12B Restriction on commencing or continuing proceedings under specified Acts in cases of litigant abuse

This section applies if a Judge—

1. is satisfied that, having regard to all of the circumstances, a party to a proceeding under a specified Act has exhibited conduct that is litigant abuse; and

2. has given the party a reasonable opportunity to be heard.

The Judge may at any time during the course of the proceeding, on the court’s initiative or on an interlocutory application for the purpose, order that the party may do any or all of the following only with the leave of a Judge:

1. take any further step in the proceeding (including in an interlocutory proceeding):

2. take any further step in a related proceeding (including in an interlocutory proceeding) under a specified Act if there is evidence that the party has exhibited conduct in that proceeding that is litigant abuse:

commence, or take any further step in, a new proceeding (or an interlocutory proceeding) under a specified Act that is—

1. of any kind, or of any specified kind; or

2. in respect of any specified person; or

3. in respect of any specified matter.

The Judge must have regard to the following in considering the circumstances referred to in subsection (1)(a):

1. the party’s conduct during the course of the proceeding; and

2. the party’s conduct in any other proceedings (including any interlocutory or related proceedings) that is litigant abuse; and

3. the party’s conduct outside of proceedings that is intended to annoy, harass, or harm, or that amounts to psychological abuse of, any other party to the proceeding or the related proceedings; and

4. any other matter that the Judge considers relevant.

An order made under subsection (2) continues in force for 3 years unless—

1. the order specifies a shorter period, in which case the order continues in force for that shorter period; or

2. in the Judge’s opinion, there are extraordinary circumstances that warrant a longer period (which may not exceed 5 years), in which case the order continues in force for that longer period.

Nothing in this section limits—

1. any provision in any other enactment that empowers the court to restrict the commencement or continuation of any proceeding; or

2. the inherent powers of the court.

litigant abuse means abuse of another party to the proceedings, and—

1. includes conduct that is intended to annoy, harass, or harm that other party, or that amounts to psychological abuse; and

2. may include a number of acts that form part of a pattern of behaviour (even if all or any of those acts, when viewed in isolation, appear to be minor or trivial)

specified Act means any of the following Acts:

1. the Status of Children Act 1969:

2. the Domestic Actions Act 1975:

3. the Property (Relationships) Act 1976:

4. the Family Proceedings Act 1980:

5. the Child Support Act 1991:

6. the Care of Children Act 2004:

7. the Family Violence Act 2018.

6 New Schedule 1AA inserted

Insert the Schedule 1AA set out in Schedule 1 of this Act as the first schedule to appear after the last section of the principal Act.

Part 2

7 Principal Act

This subpart amends the District Court Act 2016.

8 New section 216A and cross-heading inserted

After section 216, insert:

216A Restriction on continuing or commencing certain proceedings under specified Acts in cases of litigant abuse

This section applies to the court when—

1. exercising concurrent jurisdiction with the Family Court; or

2. acting under section 15 of the Family Court Act 1980.

This section applies if a Judge—

1. is satisfied that, having regard to all of the circumstances, a party to a proceeding under a specified Act has exhibited conduct that is litigant abuse; and

2. has given the party a reasonable opportunity to be heard.

The Judge may at any time during the course of the proceeding, on the court’s initiative or on an interlocutory application for the purpose, order that the party may do any or all of the following only with the leave of a Judge:

1. take any further step in the proceeding (including in an interlocutory proceeding):

2. take any further step in a related proceeding (including in an interlocutory proceeding) under a specified Act if there is evidence that the party has exhibited conduct in that proceeding that is litigant abuse:

commence, or take any further step in, a new proceeding (or an interlocutory proceeding) under a specified Act that is—

1. of any kind, or of any specified kind; or

2. in respect of any specified person; or

3. in respect of any specified matter.

The Judge must have regard to the following in considering the circumstances referred to in subsection (2)(a):

1. the party’s conduct during the course of the proceeding; and

2. the party’s conduct in any other proceedings (including any interlocutory or related proceedings) that is litigant abuse; and

3. the party’s conduct outside of proceedings that is intended to annoy, harass, or harm, or that amounts to psychological abuse of, any other party to the proceeding or the related proceedings; and

4. any other matter that the Judge considers relevant.

An order made under subsection (3) continues in force for 3 years unless—

1. the order specifies a shorter period, in...