Te Ture Whenua Maori Act 1993
Maori Land Act 1993

98D Grounds for making section 98C order

(1)

A Judge may make a limited order under section 98C if, in 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 98C if, in at least 2 proceedings about any matter considered by the court, the Judge considers that 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 or appeal 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 purpose of this section and sections 98E and 98F, an appeal in a proceeding must be treated as part of that proceeding and not as a distinct proceeding.

Section 98D: inserted, on 1 March 2017, by section 10 of the Te Ture Whenua Maori Amendment Act 2016 (2016 No 69).