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Navigating the 2026 Crackdown on Litigation Abuse

Home 9 Vinay's comments 9 Navigating the 2026 Crackdown on Litigation Abuse

The legal landscape in New Zealand has shifted. With the full implementation of the Victims of Family Violence (Strengthening Legal Protections) Legislation this February, the court is no longer a playground for those looking to weaponise the legal process.

For years, litigation abuse—the practice of using endless applications, delays, and technicalities to exhaust an opponent has been a silent plague in our Family Courts. The 2026 reforms have finally put a spotlight on this behaviour. The court now has greater powers to strike out vexatious proceedings and, more importantly, to recognise when the process itself is being used as a tool of control.

At McKenzie Friend Professionals, our “Fighter’s Mind” philosophy has always been about strength, but never about malice. Being a “fighter” means having the resilience to stand your ground on the merits of your case, not using the system to bulldoze the other side.

The new laws mean that your evidence must be clearer, your motives more transparent, and your strategy more focused than ever. If you are entering the courtroom this year, you need to ask yourself: Is my strategy built on the law, or is it built on a desire to drain the other side? The 2026 crackdown isn’t just a change in rules; it’s a demand for a higher standard of professional conduct from everyone, lawyers and self-litigants alike.