NZ Judges Hate Class Actions

The decision by a newly appointed judge, Heine J, in Skibo Ltd & anor v Transpower NZ Ltd & anor [2026] NZHC 3275 is another example of the lack of support of the NZ judiciary for class actions.  This is the claim by Northland residents for losses suffered by a power outage when the conduct of a contractor caused a power outage when a power pylon fell over.  This was an entirely avoidable event.  There were about 24,000 affected people.   It meets all the criteria for a class action yet Heine J refused to grant permission for it to be a class action. The Judge gets wrapped up in esoteric discussions about duty and buys the defendant(s)’ “Kool Aid”.  Another bad class action judgment.  Apparently the judgment is now subject to leave to appeal which of itself is also dubious as the original judge decides whether to grant leave to appeal.