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StatuteDistrict Court Act 2016

Section 214 — District Court Act 2016: Grounds for making section 213 order

Text of the provision Official document

214 Grounds for making section 213 order (1) A Judge may make a limited order under section 213 if, in civil proceedings about the same matter in the court, the Judge considers that at least 2 or more of the proceedings are or were totally without merit. (2) A Judge may make an extended order under section 213 if, in at least 2 proceedings about any matter in the court, the Judge considers that 2 or more of the proceedings are or were totally without merit. (3) In determining whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application, appeal, or criminal prosecution involving the party to be restrained, but is not limited to those considerations. (4) The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different persons. (5) For the purposes of this section and sections 215 and 216 , an appeal in a civil proceeding must be treated as part of that proceeding and not as a distinct proceeding.

Official source: legislation.govt.nz

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