![]() ![]() The catalyst for change will be the new powers of litigation funders, their intervention now being approved by the law-makers and encouraged by the courts. Being caught, and enduring stigmatism, financial cost and loss of freedom (to drive, or even to avoid incarceration) had become less likely, so more people took the chance.īreach of duty, indeed fraud, has rarely been constrained in New Zealand by such logic – but we might be about to observe the power of a new handbrake. ![]() Neither conscience, morality nor common sense were the deterrent. The risk-reward odds changed in favour of those who roll the dice and so more people took their chances when checkpoint numbers fell. We learnt this month that the percentage of road accidents involving drug or alcohol-affected drivers has risen over the past few years, coinciding with a reduction in the number of checkpoints conducted by Police. The easiest example of how the fear of being detected can constrain behaviour is the drink-driving enforcement. For those with no such instincts the most effective constraint should be the certainty that what tempts them is illegal, that their transgression will lead to being charged, and that the punishment will put a cost on the act of cheating that is greater than the sugar rush of reward. ![]() One would hope that for the non-psychopathic, conscience, morality or simple humanity may be the only handbrakes required. In business, as in life, there may be a range of thought processes that quell the temptation to cheat. The rise of litigation funding in New Zealand puts politicians and business leaders on notice – their actions will now be policed by a powerful new sheriff, writes Chris Lee. ![]()
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