Class Actions: Opt-In/Opt-Out And A Statutory Framework

Abstract

This paper examines New Zealand’s representative action rule while considering overseas statutory class action regimes. The paper proposes that New Zealand replace the current representative action rule with a legislative framework modelled on Australia’s federal statutory class action regime. The main argument advanced in this paper is that the simplicity of r 4.24 causes interpretation issues and procedural uncertainty. The paper considers the procedural deficiencies in the current representative action rule, analyses the opt-in/opt-out procedures for determining the represented group and critically evaluates Australia’s federal statutory class action regime.