Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Class Action is not a common law procedure in Rotorua, New Zealand as it is in some other jurisdictions like the United States. However, representative actions do happen, which allow a representative to sue or be sued on behalf of a group of persons with the same interest in the subject matter of the case. This is recognised under the New Zealand High Court Rules 2016, Rule 4.24, supplanting the need for class actions as known elsewhere.
If you're part of a group that has been wronged by a common defendant, whether in instances of corporate misconduct, consumer fraud, environmental damage, or breaches of contract, you may choose to engage a lawyer. Expert advice and guidance is crucial as this area of law involves navigating complex procedures and pursuing legal action against often resourceful and experienced defendants.
The main governing law for class actions or representative actions in New Zealand is found in the High Court Rules 2016, Rule 4.24. Importantly, the rule does not require members of the group to 'opt-in' to be part of the proceedings. This is contrary to many jurisdictions where you must actively opt-in to be part of a class action. In general, if a judgment is obtained by or against the representative party, it is binding on all persons sharing the same interest in the action.
Generally, any one person who has an interest in the same issue in dispute can initiate a representative action on behalf of others who have the same interest.
There is no specific number defined by law. However, courts will usually look for more than just a handful of similar prospective plaintiffs before considering it feasible.
No. Under the current New Zealand law, you will automatically be included in the group unless you actively choose to opt out.
This can vary. Sometimes, a representative plaintiff’s lawyers will only get paid if the case is successful. This is called a contingency fee arrangement. Other times, all claimants might need to contribute towards the legal costs.
Consumer rights, anti-competition issues, environmental law, securities, and product liability are the most common types of cases pursued as class actions.
For additional resources you might consider contacting the New Zealand Law Society, their branch in Rotorua, or the Citizens Advice Bureau. You might also want to explore online resources, such as legal advice websites or government webpages on representative action.
If you believe you are part of a group that has been wronged and may have a case for a representative action, it's advisable to consult with a lawyer with expertise in this area. They can help you understand your rights, evaluate your case, and guide you through the process.
