Hon Paul Goldsmith
Minister of Justice

Legislation that will better protect victims of litigation abuse in family proceedings has passed through Parliament today, Justice Minister Paul Goldsmith says.

“Going through the Family Court is already a stressful experience for many. This is only compounded when someone engages in litigation abuse, using the court system to control, harass and contact their victim.

“This Government firmly believes that in order to restore law and order to New Zealand, victims must be at the heart of our justice system.

“Therefore, this Bill will strengthen the courts’ ability to identify litigation abuse by widening the view it must take of conduct both in and out of family proceedings.

“If the court is satisfied that litigant abuse has occurred, it will be able to make an order requiring the party to seek the approval of the court before taking further steps in new or existing proceedings. An order will usually last for up to three years, but can last for up to five years in extraordinary circumstances.

“This will provide better access to protections for victims, while still ensuring there is appropriate access to court.

“Under the current law, victims of litigation abuse must meet a high threshold before they can access statutory protections. These protections focus on the type of documents and proceedings, rather than on the pattern of abuse. This does not always work for family proceedings, particularly where family violence is an issue.

“We are sending a clear message that our that our courts are there to resolve genuine disputes. They are not a tool to prolong conflict, harass, harm or abuse.

“This is all part of our plan to ensure there are 20,000 fewer victims of violent crime by 2029, alongside a 15 per cent reduction in serious repeat youth offending.”

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