New Zealand Parliament Passes Bill Strengthening Legal Protections Against Family Violence Litigation Abuse

In a significant legislative development, the New Zealand House of Representatives has passed the Victims of Family Violence (Strengthening Legal Protections) Legislation Bill. This bill aims to empower courts with enhanced statutory powers to protect victims from litigation abuse in family proceedings—a form of harassment where individuals misuse legal systems to control and torment their victims.

Legislative Overview

Introduced by Hon Paul Goldsmith, the Minister of Justice, the bill addresses the persistent issue of litigation abuse within family courts. During its third reading on a recent Tuesday afternoon, Goldsmith emphasized that the legislation strengthens judicial powers to identify and respond to behavior intended to harass, annoy, harm, or psychologically abuse parties involved in family proceedings.

The amendments proposed by the bill include a new judicial power allowing the court to make protective orders against litigants engaging in abusive practices. These orders can require individuals to seek court approval for any future legal steps in existing or new family proceedings, potentially extending up to five years if exceptional circumstances are deemed necessary.

Bipartisan Support and Advocacy

The bill received broad support across party lines, with members from Labour, Green, National, ACT, New Zealand First, and others speaking favorably about its significance. Hon Ginny Andersen, representing Labour, described litigation abuse as a tactic used by abusers to prolong harassment through the court system. She highlighted that this bill is crucial in ensuring that justice systems protect victims rather than become instruments of further harm.

Kahurangi Carter from the Green Party praised the bipartisan support for the bill and underscored its role in preventing court misuse, aligning with Te Aorerekura—a comprehensive plan aimed at addressing family violence through prevention, education, and rehabilitation over a 25-year period. Carter emphasized the importance of continued investment in social services to break cycles of violence.

Judicial Integrity and Victim Protection

Mark Cameron of ACT supported the bill’s aim to prevent misuse of court systems while maintaining fair access to justice. He acknowledged the necessity of this legislation in addressing longstanding issues within family courts, where litigation abuse has been a persistent problem.

Casey Costello from New Zealand First highlighted government efforts to reduce crime impacts through investments in families and education as part of broader initiatives like Te Aorerekura. She refuted claims that the Government lacks a plan for preventing violence, emphasizing ongoing work to support victims.

Addressing Systemic Challenges and Education

Dr Tracey McLeLLan from Labour discussed litigation abuse as a systemic issue extending victim suffering into courtrooms. She supported legislative measures empowering judges to identify and halt such abuses effectively while advocating for comprehensive strategies that address crime drivers and provide robust protections for victims.

Rachel Boyack of Labour shared personal accounts from constituents who suffered litigation abuse, emphasizing how advocacy efforts led to the bill’s development. She called for continued action based on recommendations by advocates like Emily Henderson to ensure ongoing improvements in family violence prevention.

The Need for Judicial Training

Hon Dr Deborah Russell stressed judicial education on domestic violence patterns and debunking myths such as parental alienation syndrome. She recognized that while legislative progress is made, further educational efforts are essential for effective implementation.

Tom Rutherford of National concluded the debate by commending the bill’s passage into law, emphasizing its significance in improving New Zealand's legal frameworks to protect victims of family violence and enhancing justice systems across party lines.

In summary, the unanimous passage of the Victims of Family Violence (Strengthening Legal Protections) Legislation Bill marks a pivotal moment in New Zealand’s legislative history. By addressing litigation abuse head-on, Parliament has taken crucial steps toward safeguarding victims and ensuring that justice systems serve those they are meant to protect.