Parliament Passes Bill to Combat Litigation Abuse in Family Proceedings

New Legislation Strengthens Protections for Victims of Litigation Abuse in Family Court.

Victims of litigation abuse in family court proceedings will now receive stronger protections, following the passage of a new bill through Parliament today. Justice Minister Paul Goldsmith announced that the legislation aims to prevent individuals from using the legal system as a tool for harassment, control, or prolonged conflict.

"Going through the Family Court is already a stressful experience for many. This is only compounded when someone misuses the court system to harass, control, or maintain unwanted contact with their victim," Minister Goldsmith stated. "This Government firmly believes that victims must be at the heart of our justice system in order to restore law and order to New Zealand."

The new law expands the ability of the courts to identify and address litigation abuse. It broadens the court's scope to assess a party's conduct both inside and outside of legal proceedings. If the court determines that litigation abuse has occurred, it will have the authority to issue an order requiring the offending party to seek judicial approval before initiating new legal actions or continuing existing proceedings.

Enhanced Protection Measures

The protective order will generally be in place for up to three years, with the possibility of extending it to five years in extraordinary circumstances. The reforms aim to ensure that victims can access necessary protections without unnecessary barriers while maintaining fair access to the justice system.

Previously, victims of litigation abuse faced high legal thresholds before they could access statutory protections. The former law primarily focused on specific legal documents and proceedings rather than the broader pattern of abuse. This approach often failed to address the complexities of family law cases, particularly those involving family violence.

Ensuring Courts Are Used Fairly

"We are sending a clear message that our courts exist to resolve genuine disputes, not to be weaponized for harassment, harm, or coercion," Minister Goldsmith emphasized.

This initiative is part of the Government's broader strategy to enhance public safety. In alignment with its goal to reduce violent crime, the Government has committed to decreasing the number of violent crime victims by 20,000 by 2029. Additionally, it aims for a 15 percent reduction in serious repeat youth offending.

By strengthening the legal framework around litigation abuse, the Government seeks to uphold the integrity of the justice system and provide victims with the security and fairness they deserve.