Class actions continue to evolve in New Zealand, driven by developments in mass consumer claims, litigation funding, and the growing influence of Australian class action trends.
Bell Gully partners, Sophie East and Jesse Wilson, were pleased to join Herbert Smith Freehills Kramer partners, Jason Betts and Aoife Xuereb, for a conversation on their podcast On Just Terms about class actions in New Zealand.
The discussion covers New Zealand's representative proceedings regime, the significance of the Supreme Court's landmark decision in Ross v Southern Response, and the influence of litigation funders. The conversation also covers the growing influence of Australian class action trends, and what may lie ahead for class actions in New Zealand.
Visit the On Just Terms page to discover more about the podcast.
Below are some of the key takeaways from our episode:
How is the New Zealand class action landscape evolving?
Class actions are now a significant feature of the New Zealand legal landscape. In the absence of a dedicated class action regime, the courts have played and will continue to play a central role in shaping these proceedings. At the moment this is particularly true in terms of the management of mass consumer claims.
What should Australian and New Zealand companies know about emerging class action risks?
As class action activity continues to grow on both sides of the Tasman, businesses should be aware of emerging claim trends, the growing role of regulatory investigations and the potential for “follow-on” class actions, and the potential for claims brought in Australia to be replicated in New Zealand (in particular, where products are sold on both sides of the Tasman or a company is listed in both countries).
What role are litigation funders playing in New Zealand class actions?
The New Zealand litigation funding market is now relatively mature, with both local and overseas funders involved in bringing class actions. However, some key points of difference have emerged compared to Australia, including the size and scale of opportunities for funders, and the timing of common fund orders.
If you have any questions about this article or more specifically class action matters, please get in touch with the contacts listed or your usual Bell Gully adviser.
Disclaimer: This publication is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.
