17 Jun 2016
KM v TL [2016] NZHC 1327
- Citation
- [2016] NZHC 1327
- Court
- High Court
The Family Court and District Court do not have an inherent or implied power under the Domestic Violence Act 1995 to impose prospective pre‑filing leave requirements or to prohibit commencement of future proceedings; such a restriction is an exceptional power which requires statutory authority (absent in the Domestic Violence Act). Accordingly the directions imposing leave/prohibition (directions [104](1) and [104](2)) were beyond jurisdiction and are quashed. Separately, the refusal to grant leave to apply to discharge the protection order and the refusal to vary the order were proper on the…
- Protection orders
- Vexatious litigant restrictions
- Inherent procedural power
- Leave to commence proceedings
- Case management / triage under court rules