In February 2023, Shine Lawyers filed High Court proceedings seeking compensation on behalf of all residents of Edgecumbe who suffered loss/damage in the Edgecumbe floods on 6 April 2017.
Case Update
Since the commencement of our investigation into the Edgecumbe Floods, Shine Lawyers have taken important steps to progress this claim to a class action (also known as a ‘representative action’). This has included:
- Filing proceedings in the Rotorua High Court against the Bay of Plenty Regional Council (the BOPRC) on behalf of five homeowners and business owners; and
- Filing an application to the High Court of New Zealand to make the claim a class action on behalf of all Edgecumbe residents and property owners for losses suffered as a result of the Edgecumbe floods on 6 April 2017.
On 2 April 2026, judgment was delivered following a two-day hearing held in October 2025 in the Hamilton High Court. The judgment dismissed our application to bring the claim as a representative action. We have filed an appeal on 5 May 2026 to challenge the Court’s decision as we believe there are strong grounds for doing so.
What is the Edgecumbe Flood Action about?
On 6 April 2017, the town of Edgecumbe was flooded after a floodwall on the Rangitāiki River failed. Hundreds of properties were flooded with about 70 percent of the town impacted by flood damage.
This class action is open to all people and entities that suffered loss as a result of the Edgecumbe floods in 2017, and primarily seeks compensation for:
- Property damage;
- Damaged, lost or destroyed contents;
- Business interruption and lost income; and
- General damages for stress and inconvenience.
Can I join the Edgecumbe Flood Action?
To be part of this class action, you must have:
- Suffered loss as a result of the Edgecumbe floods in 2017.
If you meet this criteria, you may be entitled to compensation and are encouraged to register your interest in the class action.
Register your interest in the Edgecumbe Flood Action
To register your interest on a confidential, no-cost, no-obligation basis, please click on the button below and fill out the form.
If you have any questions, please contact us on 0508 744 635 or at [email protected].
Who is Shine Lawyers’ Class Action team?
Shine Lawyers is a specialist litigation firm predominantly representing plaintiffs. Shine Lawyers’ associated company in Australia is one of the largest class action and plaintiff litigation firms in Australasia. Our Auckland based Class Actions team will lead this proceeding. In New Zealand, Shine Lawyers has previously conducted major class actions, including a representative test case on behalf of Christchurch homeowners against the Earthquake Commission.
Case Documents
First Amended Statement of Claim
Common Questions
How do class actions work?
There are several ways that class actions can proceed in New Zealand:
- On a case by case basis (this is where each person individually brings/files a separate legal case in the court);
- As a class / representative action (this is one action filed on behalf of a whole group of members who have suffered the same kind of losses); or
- As a test case (where one point of law is tested on behalf of a group of plaintiffs);
A class action involves filing one legal proceeding on behalf of, and for the benefit of, all persons with the same interest in the proceeding. New Zealand Courts have recently made several positive endorsements of this process. It can work very well for people who all have a case against an organisation such as a Regional Council or an insurer etc.
How long do class actions take to resolve?
Due to the nature of class actions, the first stage of the proceedings can take between twelve months to three years or more from its commencement.
Unless a settlement is reached, the first stage will only resolve the representative’s claims and the common issues of the proceedings, with class member claims to be resolved individually at a second stage of the proceedings.
How much will it cost me to participate in the Edgecumbe Flood Claims Action?
Shine is currently running this action on a no-win, no-fee self-funded basis (this is also known in NZ as a Conditional Fee arrangement), whereby Shine’s professional fees are only payable if the proceeding is successful. In recognition of the risk Shine assumes by funding the litigation, Shine charges a premium of 20% on top of its standard professional fees.
This differs from a litigation-funded model (known in NZ as a Contingency Fee arrangement), where a third-party litigation funder finances the proceeding in exchange for receiving a percentage of the total settlement sum or court ordered damages if the claim is successful. In NZ, law firms are prohibited from using Contingency Fee arrangements and may only use Conditional Fee arrangements where it is appropriate to do so; class actions are generally accepted to be an area where Conditional Fee arrangements are permissible due to the size and longevity of such claims.
What are the benefits of a class action?
Due to the size of each claim, the costs of running this action as an individual would quickly exceed the potential damages recoverable. A class action is therefore a more effective and efficient vehicle by which to bring these claims. Class actions enable individuals who could not ordinarily afford to bring a claim to pursue a collective claim, sharing the cost and risk associated with litigation.
More broadly, class actions have the power to make a public statement, holding defendants accountable at a scale that reflects the harm caused to a large number of people. This in turn incentivises better conduct from large corporations or institutions and empowers claimants to exercise their legal rights.
How much money could I claim?
It is impossible at this stage to provide any specific figure that each group member can expect to receive. How much you can claim is specific to each individual. In short, we are looking to recover anything lost in the floods that has not already been covered by your insurer.
