Major changes are afoot for litigation and dispute resolution in 2026, and our experts share their insights in this year’s Litigation Forecast including:
- New High Court Rules will deliver fundamental changes to the way in which court proceedings are conducted. Proportionality becomes the touchstone, factual evidence moves earlier, document discovery is more focused, and cooperation is expected – shaping strategy and resourcing from day one.
- Regulatory settings are shifting. Competition reforms will recalibrate merger control, market power and predatory pricing, while the interface with unconscionable conduct remains a live enforcement theme. CoFI deepens expectations around culture, systems, product governance, and remediation.
- A significant decision on eligible investor certificates has clarified the limits on the FMA’s powers and underscores the limits of regulatory “guidance”. Uncertainty on when licensed institutions should self-report issues keeps materiality front and centre.
- Health and safety policy points to fewer prosecutions, while courts continue to refine key duties. At a practice level, employment law reforms, high income dismissal thresholds, a reframed approach to procedural fairness, exit negotiation safeguards, worker status tests and new privacy obligations are poised to spur test cases.
- Climate related disputes are also evolving with the prospect of civil liability claims against activists moving into sharper view. Courts are increasingly having regard to tikanga in a broadening range of cases. Technology and cyber disputes continue to pose serious risks for businesses.
Our Tier 1 Litigation and Dispute Resolution team brings deep experience to New Zealand’s most significant and complex cases. With a turbulent year predicted by many economic commentators, we are looking forward to supporting clients through 2026 and beyond.
Read the Litigation Forecast 2026.
Individual articles can also be found below:
New High Court Rules: The key changes and what they mean for business disputes
A Commerce Act shake-up and enforcement ‘hotspot’ for 2026
Regulatory guidance under review: lessons from the eligible investor case stated
CoFI’s deep roots – a hot topic for 2026
When licensed firms should self-report under s 412 of the FMCA
A new era of workplace disputes: What 2026 holds for employment
Winds of change – new case law, but (by design) a trend of reducing H&S prosecutions
Technology, cyber and AI litigation
Tikanga and Aotearoa New Zealand law, āke āke āke?
Climate change litigation in New Zealand – Civil liability for climate activism?
Obsessive and vexatious litigants
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