Book contents
- The Cambridge International Handbook of Class Actions
- The Cambridge Handbook of Class Actions
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Part I The United States
- Part II The Americas
- Part III Europe
- Part IV Asia and the South Pacific
- 16 The Emergence and Reform of the New Zealand Class Action
- 17 Representative Proceedings in Singapore
- 18 Class Action in China
- 19 Class Actions in Australia
- 20 Empirical and Practical Perspectives on Twenty-Seven Years of Product Liability Class Actions in Australia
- 21 Securities Class Actions in Korea
- 22 A Review of the Current Status of, and Future Issues Facing, Consumer Class Action Systems in Japan
- 23 The Indian Securities Fraud Class Action
- Part V Middle East and Africa
16 - The Emergence and Reform of the New Zealand Class Action
from Part IV - Asia and the South Pacific
Published online by Cambridge University Press: 29 January 2021
- The Cambridge International Handbook of Class Actions
- The Cambridge Handbook of Class Actions
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Part I The United States
- Part II The Americas
- Part III Europe
- Part IV Asia and the South Pacific
- 16 The Emergence and Reform of the New Zealand Class Action
- 17 Representative Proceedings in Singapore
- 18 Class Action in China
- 19 Class Actions in Australia
- 20 Empirical and Practical Perspectives on Twenty-Seven Years of Product Liability Class Actions in Australia
- 21 Securities Class Actions in Korea
- 22 A Review of the Current Status of, and Future Issues Facing, Consumer Class Action Systems in Japan
- 23 The Indian Securities Fraud Class Action
- Part V Middle East and Africa
Summary
The civil procedure framework that governs the management of class action litigation in New Zealand is ripe for reform. Although parties can commence class-wide litigation in New Zealand in a number of ways, the most commonly utilised, and non-issue specific way, is by the ‘representative rule’ derived from the United Kingdom and contained in High Court Rule 4.24 (HCR 4.24). Unfortunately, HCR 4.24 contains no further procedural guidance on the management of class-wide litigation than merely providing that a representative plaintiff can sue on behalf of persons with the same interest in the subject matter of a proceeding, either by consent of all plaintiffs represented, or by leave of the court. This failure to provide procedural guidance has put the New Zealand judiciary in a problematic position. On the one hand, there are clear advantages in allowing class-wide litigation.
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- Information
- The Cambridge Handbook of Class ActionsAn International Survey, pp. 305 - 333Publisher: Cambridge University PressPrint publication year: 2021