Care of Children Act 2004

141 Power to restrict commencement of proceedings

• (1) This section applies to a court if, and only if, the court—

  • (a) is satisfied that a person has persistently instituted vexatious proceedings under this Act or under any former Act (whether those proceedings were in respect of the same person or matter or different persons or matters); and

  • (b) has given the person a reasonable opportunity to be heard.

  (2) The court may order that the person may commence either of the following only with the leave of the court:

  • (a) proceedings under this Act of any kind; or

  • (b) proceedings under this Act of any specified kind or in respect of any specified person or matter.

  (3) Nothing in this section limits section 88B of the Judicature Act 1908 (which empowers the High Court to make orders restricting the institution or continuation of vexatious proceedings).

  Compare: 1980 No 94 s 163; 1989 No 24 s 207

  Section 141(3): amended, on 15 December 2005, by section 5(2) of the Judicature Amendment Act (No 2) 2005 (2005 No 107).