The Law Commission has released an Issues Paper on its Review of Joint and Several Liability and is now seeking submissions from the public.
In New Zealand, civil liability is governed by the principle of joint and several liability. This rule provides that where two or more people are liable for the same loss, then each defendant will be potentially liable for the whole of the loss.
The joint and several liability principle has been controversial in recent years, particularly as a result of the leaky homes crisis and financial crises.
The Law Commission is now seeking views on the options for reforming the system of liability, and also for the advantages of the status quo. The closing date for submissions is Thursday 31 January 2013. The Issues Paper is available here.