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Report 47

Apportionment of Civil Liability

May 1998

Wellington, New Zealand

Table of Contents

The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. Its purpose is to help achieve law that is just, principled, and accessible, and that reflects the heritage and aspirations of the peoples of New Zealand.

The Commissioners are:

The Honourable Justice Baragwanath – President
Joanne Morris obe
Judge Margaret Lee
DF Dugdale
Denese Henare onzm
Timothy Brewer ed

The office of the Law Commission is at 89 The Terrace, Wellington
Postal address: PO Box 2590, Wellington 6001, New Zealand
Document Exchange Number: sp 23534
Telephone: (04) 473–3453, Facsimile: (04) 471–0959

Report/Law Commission, Wellington, 1998

issn 0113–2334 isbn 1–877187–20–8

This report may be cited as: nzlc r47

Also published as Parliamentary Paper E 31AI

28 May 1998

Dear Minister

I have the pleasure of submitting to you Report 47 of the Law Commission, Apportionment of Civil Liability.

This report follows the publication of the Commission’s 1992 discussion paper. The developments in Australia that led the Commission to delay issuing its final report are explained in paras 2 and 3 of this report.

The measure we now propose includes changes enacted for England and Wales in 1978 and first proposed for New Zealand in 1983. Our proposed statute will right serious injustices that under the existing law can arise where a single loss is caused or contributed to by more than one party.

None of the changes to the law proposed is, we believe, in itself controversial; the only issue is as to whether we should have recommended more radical change. Our reasons for not doing so are carefully explained in the report.

We commend the draft Act contained in this report as representing a valuable and long overdue reform of an important sector of the law.

Yours sincerely

The Hon Justice Baragwanath

The Hon Douglas Graham MP
Minister of Justice
Parliament Buildings

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