December 08, 2020
Class action law change could help iwi
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The Law Commission Te Aka Matua o te Ture wants public feedback on whether New Zealand should allow American-style class action suits and their associated funding arrangements.
Currently in New Zealand claims which may affect multiple litigants can be brought under the representative actions rule, where a person can represent a group of people in court with similar legal claims.
Commission president Amokura Kawharu says the commission want to develop rules and guidance so people can more effectively group together to fight their grievances.
She says it may help Māori, who face significant financial risk under the current system.
"You have to be prepared as a rangatira to take litigation on behalf of your people, and you have to be prepared to accept personal liability for costs. Another alternative route would be for a class action, and the person leading that case would not have to be a rangatira, it would have to be someone from the hapū, the whānau, or the iwi." Ms Kawharu says.
The final report on class actions and litigation funding is due in the first half of 2022.
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