NEW ZEALAND Law and Practice Contributed by: Fionnghuala Cuncannon and Kate Muirhead, Cuncannon
as early as possible. For funded plaintiff claims, this means third-party funding is often obtained before a proceeding is commenced. 3. Initiating a Lawsuit 3.1 Rules on Pre-Action Conduct There are no court-imposed rules on pre-action con- duct in civil litigation in New Zealand. 3.2 Statutes of Limitations Limitation periods are governed primarily by the Limi- tation Act 2010, which includes variations and dis- cretions where there are issues concerning minority (youth), incapacity, abuse and gradual processes. Fraud or concealment will impact the applicable limi- tation period. Where a defendant’s fraud means that a claimant did not know, and ought reasonably not to have known certain facts, and the claimant later gains that knowledge, the claimant has three years to bring their claim – even if they are outside generally applicable limitation periods. Other statutes contain their own limitation periods that may take precedence over the Limitation Act 2020. New Zealand courts have confirmed that, in represent- ative actions, time stops running for all potential class members whenever a proceeding is commenced as a representative action, regardless of whether the court allows it to continue on that basis. 3.3 Jurisdictional Requirements for a Defendant A document initiating a civil proceeding (a statement of claim) may be served outside of New Zealand with- out leave of the court in certain circumstances, includ- ing where it concerns a claim: • relating to a contract made or performed in New Zealand, or governed by New Zealand law; • in tort where damage was sustained in New Zea- land; • concerning New Zealand land; or • against a person domiciled or ordinarily resident in New Zealand.
Where leave of the court is required, it may be granted if the applicant establishes: • that the claim has a real and substantial connection with New Zealand; • that New Zealand is the appropriate forum; and • any other relevant circumstances that support an assumption of jurisdiction. Jurisdictional requirements that have an Australian element are subject to a bespoke regime, the Trans- Tasman Proceedings Act 2010, which helps give effect to the Closer Economic Relations Agreement between New Zealand and Australia, signed in 1983. The Act creates a regime to streamline the processes for managing and resolving civil and criminal proceed- ings where elements of the proceedings span both countries. 3.4 Initial Complaint Civil proceedings are typically initiated by filing a statement of claim and notice of proceeding in a court of first instance. The statement of claim sets out the plaintiff’s claim, the facts necessary to establish it, and the relief sought. The plaintiff must also file a notice of proceeding – a standard form document that explains the implications of being served with a statement of claim. Once the court has endorsed the statement of claim and notice of proceeding, the plaintiff must serve them on the defendant, together with documents referred to or relied on in preparing the statement of claim (initial disclosure). On 1 January 2026, the court rules regulating pro- ceedings in New Zealand’s High Court will change significantly, when the High Court (Improved Access to Civil Justice) Amendment Rules 2025 (“New Rules”) come into force. Under the New Rules, initial disclo- sure will need to include all adverse documents that the party giving disclosure knows to exist or has good reasonable to believe exist, and for which they have taken reasonable steps to check for the existence of. Initial disclosure will also need to be verified by affi- davit.
794 CHAMBERS.COM
Powered by FlippingBook