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

Earth Day: Global March To Defend Science In NZ Saturday

The March for Science movement emerged in the immediate wake of President Trump’s inauguration as he moved quickly to curtail the power of the Environmental Protection Agency and limit the ability of government agencies to communicate scientific evidence.

Since then it has broadened to “champion robustly funded and publicly communicated science as a pillar of human freedom and prosperity”. More>>

'Opening The Election' Video: Nicky Hager And Mike Joy On Science, Spin, And Society

In two videos relevant to the March for Science from Scoop's 'Opening The Election' forum, Massey University's Dr Mike Joy spoke about promoting science in the face of government spin and journalist Nicky Hager offered a checklist of issues to promote for an open civil society. More>>

 

Health Workers Respond: People's Mental Health Report Released

The People's Mental Health Review reinforces a recent YesWeCare.nz survey of 6,000 health workers, which found nine in 10 believe they don't have the staff or resources to deliver the care Kiwis need when they need it. More>>

ALSO:

More Mental Health:


Energy: Greens Launch Plan For Cheaper And Cleaner Electricity

$112 million for winter warm-up payments to help low-income households cover their power bills • setting a goal for 100 percent renewable electricity by 2030 (in average hydrological conditions) • an investigation into the electricity wholesale market. More>>

ALSO:

Gordon Campbell: On The Aged-Care Settlement

Until yesterday, a National government has always been the sworn enemy of women seeking justice in the workplace, in the face of gender-based pay discrimination. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news