Release of Issues Paper on the Review of Joint and Several Liability

Publication Date 
12 November 2012

The Law Commission released an Issues Paper on its Review of Joint and Several Liability. Submissions closed on 31 January 2013.

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.