NEW ZEALAND Law and Practice Contributed by: Kirsten Massey and Chris Curran, Russell McVeagh
The Aotearoa New Zealand government will now con- sider the Law Commission’s recommendations and decide whether to reform the law.
5. Key Trends 5.1 Impact of Key Trends
The key trend in the New Zealand class action land- scape is the continued willingness of the courts to adopt a flexible and facilitative approach in support of access to justice. This is particularly reflected in rulings from the Supreme Court in 2020 favour of opt out actions and the Court of Appeal in 2024 in favour of common fund orders. In common with developments overseas, there has been a continued rise in ESG litigation gener- ally, although there have been no ESG specific class actions filed. There may be more class actions in this area in future, including as a result of the Financial Sector (Climate-related Disclosures and Other Mat- ters) Amendment Act 2021, which made climate- related disclosures mandatory for some large New Zealand financial market participants.
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