Adjunct Professor Kim Lovegrove MSE, RML Presenting to the Society of Construction Law New Zealand on the Topic of Divergent Approaches to Joint Tortfeasor Liability Apportionment between Australia and New Zealand 

6 Mar 2023
New Zealand on the Topic of Divergent Approaches to Joint Tortfeasor Liability Apportionment between Australia and New Zealand 
Kim addressing the conference

This legal reform presentation analyses some of the diverging approaches between Australia and New Zealand on a number of important construction law concepts, namely joint tortfeasor liability apportionment, the differing approaches to limitation periods, and insurance requirement disparities.

The piece examines:

  • the current proportionate liability approaches in Australia and how these came about
  • the National Model Building Act as a pioneer on proportionate liability in Australia
  • discussion on the current Victorian legislation of proportionate liability (Wrongs Act 24AI) and the recommended fundamentals New Zealand should consider if they were to adopt their own proportionate liability scheme
  • joint and several liability in New Zealand and the debates around it
  • policy considerations for New Zealand joint and several liability 
  • the cryptic limitation periods in New Zealand
  • mandatory insurance and it’s necessary coupling with proportionate liability
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