Bell Gully report highlights the arrival of mass class action claims

The arrival of the mass class action and the emerging threat of ‘follow-on’ class actions are among the key trends highlighted in an in-depth analysis of the class actions landscape in New Zealand, released today.

The Big Picture: Class Actions, a report from leading law firm Bell Gully, provides a comprehensive overview of the significant developments and trends in class action litigation that have emerged in New Zealand since the Feltex class action in 2008.

The report looks into key judgments as well as learnings from the firm’s practical experience of managing class actions, identifying the unique factors emerging in New Zealand. It notes heightened risk of class actions in some areas, offering insights for businesses that may be vulnerable to class action activity.

"While many people focus on the role that class actions play in offering access to justice, they are also costly and time-consuming to run," said Sophie East, Bell Gully partner and leader of Bell Gully’s litigation team. "Our report aims to provide a clear understanding of the class actions landscape and the considerations that businesses need to keep in mind."

She said the commercial instincts of litigation funders have played a major role in cementing class actions as a legal mechanism in New Zealand and litigation funders continue to be active in New Zealand. “Class actions aren’t going away,” she added.

Bell Gully partner Alix Boberg also contributed to the report. She said that although class actions were slow to start in New Zealand, there has been a real growth in the last few years.

“In the absence of a dedicated Class Actions Act, New Zealand courts have been proactive in filling the gaps in the class actions framework,” she said. “The courts have facilitated class actions to the greatest extent possible, while third-party litigation funding is playing a crucial role in driving these cases.”

Bell Gully's class actions practice has represented clients in some of the most significant class actions to come before the New Zealand courts. The team has a strategic and commercial approach drawn from hands-on experience in navigating the complex class actions landscape.