New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Judicature act 1908 s88b

Legal area

Court

10 Nov 2021

A review of the Registrar’s decision (Slavich) [2021] NZHC 3031

Citation

[2021] NZHC 3031
Court

High Court

Given the conflicting authorities and a pending appeal, the Court adopted the least restrictive interpretation of the transitional provision and s168 for the limited purpose of the intended July 30, 2021 filing: the 27 March 2013 s88B order should not be treated as currently requiring leave to commence the proposed proceedings.
29 May 2019

RAFIQ v WHATA J [2019] NZHC 1193

Citation

[2019] NZHC 1193
Court

High Court

The SCA transitional provision applies to orders made under s 88B JA; those orders are to be treated as having originated under the corresponding SCA provisions and are time-limited under s 168. Time is to be treated as running from commencement of the SCA (1 March 2017); the specific s 88B order against the plaintiff therefore expires on 28 February 2022. The plaintiff's application for leave was frivolous and vexatious and was declined.