Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Joint and several liability changes could go further

For immediate release

Joint and several liability changes could go further

Local Government New Zealand (LGNZ) is pleased to see the suggested changes to joint and several liability regime announced by the Law Commission today, but the changes do not go far enough.

While it is good to see improvements to the current regime, LGNZ is disappointed that its preferred option of proportionate liability was not recommended by the Commission. Under a proportionate liability model, liability is limited to the extent of a person’s contribution to the fault at issue.

The proposed continuation of the joint and several liability rule, should the Government agree, would mean that councils and their ratepayers will continue to be the ‘last man standing’ in disputes where there are multiple parties and where the real nub of the fault lies with other parties.

LGNZ President Lawrence Yule says LGNZ sees the opportunity for putting into place better incentives around consenting and risk sharing.

“If speedier decisions on building consents are desired by Government, then the chilling effects on the speed of processing arising from a joint and several liability regime - even with the additions suggested by the Law Commission - will need to be addressed,” Mr Yule says.

“That said, we welcome the Commission’s recommendation that councils as building consent authorities, should have their future liabilities capped so that ratepayers aren’t seen as ‘deep pockets’ by claimants. We also welcome the suggestion that the Courts should be given the discretion to grant relief to a truly ‘minor defendant’ where that party has a very low share of responsibility for the relevant harm done. “

The Law Commission’s report urges the Ministry of Business, Innovation and Employment to continue to work on proposals for a comprehensive residential building guarantee scheme. LGNZ agrees with this call.

We need to put a stop to the system whereby poor performance by some members of the building industry is essentially underwritten by local ratepayers.

*Ends*


© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Joint Statement: Establishment Of NZ-China Strategic Partnership

At the invitation of Governor-General Lt Gen The Rt Hon Sir Jerry Mateparae and Prime Minister The Rt Hon John Key of New Zealand, President Xi Jinping of the People’s Republic of China made a state visit to New Zealand from 19 to 21 November 2014.

During his visit, President Xi Jinping met with Governor-General Jerry Mateparae, and held talks with Prime Minister John Key. The leaders had an in-depth exchange of views on bilateral relations as well as regional and international issues of common interest. More>>

 
 

Parliament Today:

Savings Targets: Health Procurement Plan Changes Direction

Next steps in implementing DHB shared services programme Health Minister Jonathan Coleman says the Government has agreed to explore a proposal put forward by DHBs to move implementation of the shared services programme to a DHB-owned vehicle. More>>

ALSO:

More on Health Policy:

Auckland Unification: 'No IT Cost Blowout' (Just More Expensive)

Following discussion of an update on Auckland Council’s Information Services Transformational Programme at today’s Finance and Performance Committee, council has released the report publicly. More>>

ALSO:

Other Expensive Things:

Gordon Campbell: On The SAS Role Against Islamic State, And Podemos

Only 25% of the US bombing runs are even managing to locate IS targets worth bombing. As the NYT explains at length, this underlines the need for better on-the-ground intelligence to direct the air campaign to where the bad guys have holed up... More>>

ALSO:

Public Service: Commission Calls For Answers On Handling Of CERA Harassment

EEO Commissioner Dr Jackie Blue is deeply concerned about the way in which the State Services Commission has handled sexual allegations made against CERA chief executive Roger Sutton this week and is calling for answers. More>>

ALSO:

Gordon Campbell:
On Andrew Little’s Victory

So Andrew Little has won the leadership – by the narrowest possible margin – from Grant Robertson, and has already been depicted by commentators as being simultaneously (a) the creature of the trade unions and (b) the most centrist of the four candidates, which would be an interesting trick to see someone try in a game of Twister. More>>

ALSO:

China President Wishlists: Greens Welcome Xi, But Human Rights Need To Be On Agenda

“President Xi has made some progress on climate change, but he must also lift the Chinese government’s game on human rights issues,” Green Party Co-leader Dr Russel Norman said... It is important that our Government continues to urge the Chinese government to show restraint and respect human rights in both Tibet and the Xinjiang province.” More>>

ALSO:

Airport Security Breach: CAA Fines Minister

Minister Brownlee has been issued an infringement notice and is required to pay a $2000 infringement fine for breaching Civil Aviation Rule 19.357(b), which states no person may be in an airport security area without an appropriate identity card or document. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news