The term “Class Action” has many definitions and meanings. New Zealand does not have a statutory class action regime. Actions involving multiple plaintiffs with the same interest must rely on traditional representative proceedings that have generally been poorly modified to suit a purpose they were not designed. A class action always involves multiple claimants (a group) who have all suffered a financial loss from the same, separate or series of transactions, and the amount claimed by each member may vary. What connects the membership is the existence of common questions of fact and/or law. It is not unusual for class action members to come together to reduce the individual cost of court proceedings and, in some instances, make claims economically worth pursuing. Class actions alter the power balance in litigation by aggregating multiple small claims against who can often be a large defendant (the alleged wrongdoer).
Class actions are always complicated and involve a complex matrix of issues and questions. Who will be the representative party, what is the status of the group members, do members opt-in or opt-out, what is the effect and impact of concurrent class actions? Who funds the litigation, how is the group managed, and who makes the decisions? Should an offer of settlement be accepted? How are the proceeds of a class action to be distributed? Who will be responsible for the defendant’s costs of the class action fails?
The Courts have repeatedly recognised that the High Court Rules are unsuitable and do not promote efficient group litigation. Several cases have set out procedural directions and orders, which may assist in improving efficiencies in future cases. Chris has assisted parties in group litigation by providing strategic and procedural advice. His interest in class actions has included actively calling for the legal reform of class action procedures. One of Chris’ published legal papers argues that representative actions cannot meet the objectives of aggregate litigation and that legislative reform is necessary. Chris is available to advise solicitors and litigation funders on all aspects of class action litigation.