When Court proceedings become a weapon: new protections for family law cases

The New Zealand Courts have introduced a new power to address the misuse of family law proceedings as a way to harass or control another person. These powers, called Litigant Abuse Orders, were introduced by the Victims of Family Violence (Strengthening Legal Protections) Legislation Act 2025. This has recently come into effect as of 17 February 2026.

What is a Litigant Abuse Order?

A Litigant Abuse Order limits a person’s ability to take further steps in family law proceedings without getting the Court’s permission first.

The Litigant Abuse Orders are designed to protect people from being harmed not just by another party’s behaviour, but by the way the Court process itself is used against them. This is particularly important in Family Court cases, where repeated or strategic applications can cause significant emotional, psychological, and financial stress.

“Litigation abuse” is defined broadly. It includes behaviour intended to annoy, harass, or harm another party, as well as conduct that amounts to psychological abuse.

The Court can look at a pattern of behaviour over time. Even actions that seem minor on their own may be considered abusive when viewed together.

How are Litigant Abuse Orders made?

An order may be made in two ways:

1. On application by a party to the proceedings; or

2. On the Judge’s own initiative, if the Court identifies litigant abuse during the case.

To apply, you usually need to file an interlocutory application supported by affidavit evidence.

The other party has the right to respond. In most cases, they must do so within 10 working days of being served with the application.

What legal effect does a Litigant Abuse Order have?

If the Court is satisfied that someone has engaged in litigation abuse and makes an order accordingly. That person would then be required to seek permission (known as “leave”) before they can:

• take further steps in an existing case

• start related proceedings

• begin new proceedings covered by the legislation

A Litigant Abuse Order does not completely block a person from accessing the Court. However, before taking any further steps, they must apply to the Court that made the order for leave.

If leave is granted someone subject to a Litigation Abuse Order, they may only take the specific steps authorised by the Judge, and the order continues to apply for all other purposes.

What types of proceedings do they apply to?

Litigant Abuse Orders are only available in proceedings brought under specified family related legislation, including:

• the Care of Children Act 2004;

• the Family Violence Act 2018;

• the Family Proceedings Act 1980;

• the Property (Relationships) Act 1976;

• the Status of Children Act 1969;

• the Domestic Actions Act 1975; and

• the Child Support Act 1991.

They can apply to cases started on or after 17 February 2026, as well as earlier cases that are still ongoing.

However, when deciding whether to make an order, the Court can only consider behaviour that occurred on or after that date.

Which Courts can make these orders?

These orders will most commonly be made in the Family Court. However, the power also applies to:

• The District Court

• The High Court

• In limited situations, the Court of Appeal

While the Court of Appeal can make a Litigant Abuse Order, you cannot apply for one directly in that court.

How long does an order last?

A Litigant Abuse Order will usually last for up to three years. In exceptional cases, the Court can extend this to a maximum of five years.

Can Litigant Abuse Orders be appealed?

Yes. Decisions to make, or refuse to make, a Litigant Abuse Order can be appealed:

1. Decisions of the Family Court or District Court can be appealed to the High Court

2. High Court decisions can be appealed to the Court of Appeal, and in some cases to the Supreme Court (with leave).

How we can help

Litigant Abuse Orders are an important development in New Zealand family law. They provide stronger protection for people experiencing abuse through the Court process, while also placing clear limits on those who misuse it.

If you are:

• considering applying for a Litigant Abuse Order

• responding to an application made against you

• subject to an order and needing permission to continue proceedings

It is important to get legal advice early. Our family law team can help you understand your options, protect your position, and guide you through the process with clarity and confidence.

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Authors: Bella Bycroft and Tulin Pritchard

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