The other side: Vexatious litigants in New Zealand

Abstract

This paper aims to critique recent law reforms regarding the restriction of vexatious claims in New Zealand civil courts. The paper views this legislation through the lens of access to justice and the adversarial adjudicative model in New Zealand, focusing on the relationship between vexatious litigation and lay litigation. I cautiously hypothesise that there may be a causative link between access to justice issues for lay litigants and “vexatious” litigation - as lay litigants are marginalised and “othered” by the civil justice system. I suggest that the relationship between the lay litigant experience and the vexatious litigant experience is complex and that renovation and renegotiation of court space through the use of intermediaries and advocates may do much to mitigate the “othering” of these litigants. Also, it is beneficial for lawmakers to keep in mind the status of querulent and persistent litigants as a subset of lay litigants, so that options which are of utility to the whole spectrum of litigants can be considered.