Community Disputes Resolution Act 2015 · 2020 Revised Edition · Part 2 · Tort of Interference with Enjoyment or Use of Place of Residence
9. Exclusion order
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If a party disobeys a special direction, the other party may ask a court to exclude the disobeying party from their home. The court may do so if there was no reasonable excuse and the order is just and fair. The court must weigh the effect on that party, anyone living with them, and others likely to be affected.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Last amended by an amending law of 2024.
Where a contravening party fails to comply with a special direction, the party in whose favour the special direction was made may apply to a court (called in this section a second court) for an order that the contravening party be excluded from his or her place of residence.
special direction
“special direction” means a direction made by a court under section 6(2) against a contravening party (within the meaning of that section);
A second court may make an exclusion order if the court is satisfied on a balance of probabilities that the contravening party has, without reasonable excuse, failed to comply with a special direction, and is satisfied that it is just and equitable to do so.
court
“court” means a court of competent jurisdiction and includes a Community Disputes Resolution Tribunal;
A second court may make an exclusion order on such terms and conditions as the court thinks fit.
exclusion order
“exclusion order” means an order made under section 9(2) excluding a contravening party (within the meaning of that section) from his or her place of residence;
In deciding whether it is just and equitable for an exclusion order to be made, the court is to consider all the following matters:
the impact of the order, if made, on —
the contravening party;
any individual who, at the time of the making of the order, resides in the same place of residence as the contravening party; and
any other person who can reasonably be expected to be affected by the order;
any other matters as the court deems fit.
To avoid doubt, a court may make more than one exclusion order under this section against the same contravening party.