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The joint and several liability rule determines the liability of multiple parties in civil proceedings where a person has suffered loss, and how responsibilities for the loss are allocated among those parties. The application of the rule in New Zealand has been recently reviewed in the context of the building and construction sector.
The report setting out the results of that review is available on the website of the Department of Building and Housing. The Government has agreed that the issue of joint and several liability needs to be considered in a broader review, not limited to the building sector, and has referred the matter to the Law Commission.
The Commission is currently preparing terms of reference for the review.
References to the review in the media
SCOOP 'Review of joint and several liability' 10 October 2011