Litigation 2026

NEW ZEALAND Trends and Developments Contributed by: Fionnghuala Cuncannon and Kate Muirhead, Cuncannon

retail banks. Following public submissions, however, the select committee considering the draft legisla- tion recommended that the representative action be expressly excluded from the bill. The government announced that it would adopt that recommendation. Civil procedure reform From 1 January 2026, there will be a sea change in the way civil litigation is conducted in New Zealand’s first-instance court for significant commercial dis- putes, when the High Court (Improved Access to Civil Justice) Amendment Rules 2025 (New Rules) come into force. The High Court hears civil claims for more than NZD350,000, as well as very serious or complex criminal trials, and applications for judicial review. It has unlimited civil jurisdiction. The New Rules are designed to disincentivise prac- tices that impede an efficient and effective civil justice system by, for example: • abolishing discovery in ordinary proceedings, and replacing it with a more targeted disclosure regime; • requiring plaintiffs to serve their factual evidence soon after commencement of a proceeding – ie, within 25 working days after service of the last pleading or the resolution of any “dispositive” pre- trial (interlocutory) application; • deferring judicial conferences until after evidence is served; • determining only dispositive interlocutory applica- tions at an early stage of a proceeding, with other interlocutory applications to be determined after fact evidence is served; • adopting a default position that a party may call only one expert per topic, and that experts must conference before trial; and • using judicial issues conferences to seek to narrow the issues in dispute and to promote alternative dispute resolution. Other law reform The current government is continuing its programme of regulatory reform, including in relation to compa- nies’ and directors’ duties, competition and antitrust, and insurance contracts. These reforms will influence litigation trends and developments in the years to come.

Companies and directors’ duties New Zealand is home to 730,000 companies (roughly one company for every seven people). The govern- ment has announced phased reforms to the Com- panies Act 1993, which governs how companies are established, operated and dissolved. The first phase involves corporate governance reforms and non-legislative reforms. It includes changes intended to: • modernise, simplify and digitise the Companies Act; • introduce a unique identifier for company directors and general partners; • improve outcomes for creditors, including by (for example) extending the clawback period for related party transactions; and • improve the uptake and use of the New Zealand Business Number. The second phase involves a review by New Zealand’s independent law reform body, Te Aka Matua o te Ture | New Zealand Law Commission (Law Commission), of core directors’ duties and related issues of liability, penalties and offences, and enforcement. The main directors’ duties are imposed by the Com- panies Act. If breached, they can result in personal liability. These duties have not been comprehensively reviewed since the Companies Act was enacted more than 30 years ago. In addition to the Companies Act, company directors have responsibilities under other legislation, includ- ing in relation to health and safety at work, financial markets regulation, building and consumer protection. The Law Commission will consider whether future legislation can assign company director duties and liabilities in a more consistent and principled way, and if so how. The Law Commission began its review in August 2025. It will publish an issues paper in 2026 and con- sult publicly on it. The project will conclude when the Law Commission submits its final report, expected to be in 2027.

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