Contents

Appendix 5
List of recommendations

Chapter 16 – Vexatious actions

R83 New Zealand should adopt a system of graduated orders for dealing with persons who bring vexatious proceedings.

R84 The following should have standing to bring an application for any level of order restraining vexatious proceedings:
(a)The courts of their own motion;
(b)Parties to the proceedings;
(c)The law officers.

R85 The courts should be able to take into account interlocutory applications, appeals and criminal prosecutions brought by the litigant when considering applications for civil restraint orders.

R86 There should be three tiers of civil restraint orders:
(a)A limited order, which restrains the party from making any applications in a particular proceeding without leave;
(b)An extended order, which restrains the party from issuing proceedings or making any applications in relation to any matter involving, relating or touching upon the proceedings in which the order was made without leave;
(c)A general order, which restrains the party from issuing any civil proceedings or making any applications without leave.

R87 Civil restraint orders should not prevent the initiation of a criminal prosecution.

R88 Leave should not be required for a first appeal against a civil restraint order.

R89 After a restraint order has been made, applications for leave to continue or issue proceedings should usually be dealt with on a without notice basis. The applicant should be prohibited from serving his or her application on any person unless so directed by the court.