GCA acted in a major class action against Southern Response on behalf of around 3000 claimants, arising from alleged concealment of information relevant to Canterbury earthquake insurance claims. The case resulted in a historic first opt-out order and a settlement under which eligible class members recovered 100% of their assessed damages.
GCA advanced a class action for former AMI policyholders, against SRESL, and organised litigation funding support. The proceedings alleged that Southern Response applied ‘a deliberate strategy to minimise policyholders claim entitlements’ in breach of the insurance policy and the law. After the Court of Appeal permitted the case to proceed the government quickly moved to settle the claims and proceedings were formally discontinued. A specialised private determination process then proceeded before retired-Justice Panckhurst to finalise quantum due to each policyholder.
This was a defamation claim brought against the Commissioner after an Assistant Commissioner made false and defamatory comments about the officers, during a major employment dispute. Proceedings were filed and a substantial settlement was quickly secured.
The Earthquake Minister was required to reconsider and make a fresh offer to uninsured red zone owners. The Quake Outcasts group filed a fresh action to judicially review this second Ministerial decision. The group lost in the High Court but on appeal, the Court of Appeal found* Minister Brownlee’s actions to have been unfair, unreasonable and unlawful. All Crown arguments in support of the Minister’s decision, were rejected. The Crown then settled. Publicly, the National government announced that Quake Outcasts members received ‘only 80%’ of the 2007 value of their improvements, but an interest component saw clients receive about 105% with a substantial costs payment in addition.
As National would only settle the claims of those persons in the action, with a change of government GCA lobbied the new government seeking payment for all uninsured homeowners in red zones to receive their full entitlements. In August 2018 the Labour government confirmed it would pay $12M to over 100 remaining uninsured homeowners in full and final settlement of this affair.
*Quake Outcasts v The Minister for Canterbury Earthquake Recovery and Chief Executive of the Canterbury Earthquake Recovery Authority [2017] NZCA 332
The firm represented 46 owners of uninsured property in ‘red zones’ created after the February 2011 quake. The Crown sought to buy insured owner’s properties for the 2007 Rateable Value, but offered the uninsured owners, only half the value of the land alone. The action addressed the Crown’s right to acquire citizen’s land for less than fair market value and raised constitutional, property and human rights issues. The group succeeded before the High Court, Court of Appeal and the Supreme Court in a first round of judicial review*.
*Quake Outcasts v The Minister for Canterbury Earthquake Recovery and Chief Executive of the Canterbury Earthquake Recover [2016] NSSC 166
GCA acted for about 55 families who lost loved ones in the Christchurch earthquake of February 2011. Representation was arranged for the group before the Royal Commission of Inquiry, where all matters of concern as to future prevention and related issues, were resolved.
A derivative of the Lake Alice class action which alleged corrupt practices by government agencies in the course of the Crown making payouts to claimants following a second round of determinations by retired Court of Appeal Judge, Sir Rodney Gallen. Mr Zentveld's claims were upheld by the court and he received his full entitlement under the Determination, damages and costs. A very large number of other claimants were then correctly paid.
GCA acted for a large number of property owners in Queen Charlotte Sound who were adversely affected by the wave action caused upon the introduction of new ‘fast ferries’ between Picton and Wellington. Although a class action based on ‘nuisance’ was formed and the GCA lobbied government and achieved immediate Ministerial intervention. This led to the Marlborough District Council introducing appropriate restrictions which slowed the boats (and subsequently, one Ferry operator went out of business).
An action commenced for 265 dairy farmers who claimed that the NZDB and the LIC were commercially motivated when they introduced a new animal evaluation model in 1996*. The claim was particularly complex and alleged misleading and deceptive conduct in developing the new model and that the resultant product was defective. The case lasted several years and was partially funded by large American corporations. It ultimately failed before the Court of Appeal.
*Among other things, the animal evaluation model uses all NZ herd testing data to produce supposedly reliable information against which farmers can make appropriate culling and breeding decisions.
The claim arose principally from torture applied to nearly 300 children in Department of Social Welfare custody. All were state wards and a child psychologist systematically applied Electroconvulsive ‘treatment’ as a punishment regime, without any medical basis for doing so and without any pretense of following correct medical processes. A class action was brought against the Crown alleging breach of fiduciary duty and negligence. GCA represented 95 clients and recovered $6.5M and costs. The firm’s work also gave rise to a second process and the firm acted for another group of clients in that process. This resulted in further significant payouts for the firm’s clients and many millions to third parties.
