The Law Commission has recently released its report on how to allocate liability where multiple parties cause the same, indivisible loss or damage to another. A copy of the report (Liability of Multiple Defendants (NZLC R132)) is available here.

The report firmly favours retention of joint and several liability, rather than a move to proportionate liability or a hybrid system.  But the report also suggests some modifications of the current regime to avoid grossly unfair outcomes for defendants. 

For further details on the Law Commission’s recommendations see our earlier client update: Law Commission’s liability review favours continued protection of plaintiffs.