Law Commission releases issues paper on review of joint and several liability

Publication Date 
21 November 2012

The Law Commission today released its Issues Paper, Review of Joint and Several Liability (IP32, 2012), discussing and calling for submissions on its review of joint and several liability.

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, 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 Commission welcomes any comments or submissions on the Issues Paper. The closing date for submissions is 31 January 2013.