Class Actions in New Zealand: An Empirical Study

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dc.contributor.author Chamberlain, N
dc.date.accessioned 2021-07-12T22:48:25Z
dc.date.available 2021-07-12T22:48:25Z
dc.date.issued 2018
dc.identifier.issn 1173-311X
dc.identifier.uri https://hdl.handle.net/2292/55516
dc.description.abstract This article contains the first empirical study on opt-in class actions, which are referred to as representative actions, filed under r 4.24 of the High Court Rules 2016 in the New Zealand High Court and the New Zealand Employment Court. The findings of this study reveal that opt-in class actions are now part of the New Zealand legal landscape in substance, if not in name. In particular, the data reflects the rise of consumer class actions in New Zealand, which, in part, have been assisted by litigation funders entering into the market. However, despite an increase in opt-in class actions, New Zealand’s civil procedure mechanism for managing class action litigation is inefficient, uneconomic and creates significant uncertainty for all class action stakeholders. This article examines the empirical data, the trends in the data, and the reasons for those trends. It concludes by discussing why reform is required against the backdrop of this study and New Zealand’s procedural process values as contained in the High Court Rules.
dc.description.uri https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3321519
dc.relation.ispartofseries New Zealand Business Law Quarterly
dc.rights Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. Previously published items are made available in accordance with the copyright policy of the publisher.
dc.rights.uri https://researchspace.auckland.ac.nz/docs/uoa-docs/rights.htm
dc.subject 1801 Law
dc.title Class Actions in New Zealand: An Empirical Study
dc.type Journal Article
pubs.issue 2
pubs.begin-page 132
pubs.volume 24
dc.date.updated 2021-06-09T22:34:09Z
dc.rights.holder Copyright: The author en
pubs.end-page 165
dc.rights.accessrights http://purl.org/eprint/accessRights/RetrictedAccess en
pubs.subtype Article
pubs.elements-id 760127


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