Harmful Digital Communications Act 2015

12 Threshold for proceedings

(1)

An applicant referred to in section 11(1)(a), (b), or (c) may not apply for an order under section 18 or 19 in respect of a digital communication unless the Approved Agency has first received a complaint about the communication and had a reasonable opportunity to assess the complaint and decide what action (if any) to take.

(2)

In any case, the District Court must not grant an application from an applicant referred to in section 11(1)(a), (b), or (c) for an order under section 18 or 19 unless it is satisfied that—

(a)

there has been a threatened serious breach, a serious breach, or a repeated breach of 1 or more communication principles; and

(b)

the breach has caused or is likely to cause harm to an individual.

(3)

The court may, on its own initiative, dismiss an application from an applicant referred to in section 11(1)(a), (b), or (c) without a hearing if it considers that the application is frivolous or vexatious, or for any other reason does not meet the threshold in subsection (2).

(4)

The court may, on its own initiative, dismiss an application under section 11 from the Police if satisfied that, having regard to all the circumstances of the case, the application should be dismissed.

Section 12(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).