Insights

Producer Statements and Contribution Claims: Redefining Risk in Construction Law

Two recent appellate judgments have redefined liability parameters for New Zealand construction professionals. In the Solicitor-General's Reference (No 1 of 2022), the Court of Appeal held that erroneous producer statements may attract criminal liability, while in Beca v Wellington City Council [2024] NZSC 117, the 10-year longstop for contribution claims was set aside. Together, the rulings signal a profound shift in the civil and criminal risk landscape for the industry - highlighting the urgent need for regulatory reform, heightened professional caution, and more robust contractual and risk management frameworks.