McCONNACHIE V BAY OF PLENTY REGIONAL COUNCIL (HC)

Kent Perry and John Tian acted for the Bay of Plenty Regional Council (the Council) and successfully resisted an application for representative action on an “opt out basis”.

The Council is sued in relation to the 2017 Edgecumbe flood.  One set of plaintiffs in the proceeding filed an application under r 4.24 of the High Court Rules 2016 to be certified as representatives for all other people who suffered loss/damage in the flood.

The court declined the application and awarded the Council costs.