Search Results

1. 2019 NZPSPLA 004185/2017 J Anstis [pdf, 136 KB]

   ...However, they were ultimately retrieved. Do any of the above amount to misconduct? [22] Section 74(4) of the Act provides that it is a ground for a complaint if a certificate holder, such as Mr Anstis, has been guilty of misconduct or gross negligence in the course of his work as a security employee. [23] Misconduct is defined in s 4 of the Act as: Conduct by a licensee or certificate holder that a reasonable person would consider to be disgraceful or conduct that cont...

2. ST v SC [2023] NZDT 86 (7 March 2023) [pdf, 205 KB]

   ...repairs to ST’s vehicle $ 5,048.50 b. Reimbursement of Tribunal filing fee $ 180.00 c. Rounding $ 1.50 $ 5,230.00 3. The issues to be resolved are: a. Does clause 1 in the [Race] entry form preclude ST from pursuing a negligence claim against SC? b. If not, did SC fail in his duty to take reasonable care while racing? c. Is ST entitled to $5,230.00? Does clause 1 in the [Race] entry form preclude ST from pursuing a negligence claim against SC?...

3. NL v EU & TJ Ltd [2021] NZDT 1589 (2 August 2021) [pdf, 102 KB]

   ...attended the hearing. NL only has third-party insurance. He has notified his insurer about the claim against him, and the insurer has not asked to be a party to the proceedings. Which party caused the collision? 5. The relevant law is the law of negligence. Drivers must take care not to drive in a way that causes damage to other vehicles or property. The Land Transport (Road User) Rule 2004 (“LTR”) explains the rules that apply to all drivers. 6. Rules 2.6 and 4.4(2) of t...

4. BI & FF v LH [2025] NZDT 65 (27 February 2025) [pdf, 207 KB]

   ...failing to take reasonable care and failing to give way when turning right? b. If so, are the costs claimed reasonable? Did LH cause the damage by failing to take reasonable care and failing to give way when turning right? 1. Under the law of negligence, drivers have a duty of care to other road users including to take care not to drive in a manner that causes damage to another vehicle. The Land Transport (Road User) Rule 2004 (LTR) explains rules that all road users must abide by...

5. IW v CZ [2024] NZDT 498 (29 May 2024) [pdf, 202 KB]

   ...before entering CZ’s lane. It was IW’s actions that caused CZ to lose control of her vehicle, even though his vehicle did not directly impact hers during the lane change, and that led to the resulting collision. CZ is therefore not liable in negligence for IW/KJ Ltd’s claimed losses and the claim is dismissed. Referee Perfect Date: 29 May 2024 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that som...

6. KD v N Ltd & HX [2023] NZDT 424 (3 July 2023) [pdf, 280 KB]

   ...had moved from its premises in [Address 2] to [Address 1] in late 2021. KD says the area N Ltd is located is a high risk area for flooding because it is low lying. He says therefore N Ltd owed a duty of care to him. In other words, he says N Ltd were negligent in moving to [Address 1] and as a result of that negligence his bike got water damaged. 4. He says, in his correspondence to N Ltd, that he expected his bike to be covered under N Ltd’s insurance. In an email from N Ltd to KD i...

7. CH v SU [2024] NZDT 868 (5 December 2024) [pdf, 156 KB]

   ...16th April 2021 on [Road] and side swiped CH’s [vehicle 1] motor vehicle. 13) As to the legal landscape, the evidence before the Tribunal is sufficient to satisfy the burden of proof that SU failed to exercise her duty of care under the tort of negligence when her vehicle collided with [vehicle 1]. 14) As to the matters raised by SU in her defence, I have read her submissions to the Registrar of 24th June 2024 and importantly the email to the registrar with the eight points provi...

8. OIA-122359.pdf [pdf, 939 KB]

   ...OFFICIAL IN FORMATION ACT 1982 Name suppression type Offence type (ANZSOC division) 2014 2014 01: Homicide and related offences 63 1% 02: Acts intended to cause injury 664 11% 03: Sexual assault and related offences 2,253 39% 04: Dangerous or negligent acts endangering persons 67 1% 05: Abduction, harassment and other offences against the person 111 2% 06: Robbery, extortion and related offences 40 1% 07: Unlawful entry with intent/burglary, break and enter 72 1% 08: Theft and relate...

9. BC v ME & PI [2024] NZDT 186 (14 March 2024) [pdf, 211 KB]

   ...APPLICANT’S INSURER X Ltd The Tribunal orders: PI is to pay $7036.00 to X Ltd (being all insured losses) on or before 11 April 2024; and PI’s claim against ME is dismissed. Reasons 1. Three drivers were involved in two motor vehicle collisions outside [Location A] in March 2022. ME (driving a [Vehicle 1]) had turned right from a side driveway exiting [Location A]. There was a collision between her vehicle and PI’s vehicle (a [Vehicle 2]) which was travelling in th...

10. TQ & BC v B Transport [2023] NZDT 441 (30 August 2023) [pdf, 182 KB]

    ...absence. CI0301_CIV_DCDT_Order Page 2 of 4 6. I find that B Transport owed a duty of care to carpark users and it breached that duty in this instance. B Transport’s letters to TQ state that they had contracted out of liability for damage to vehicles via their terms and conditions and that TQ agreed to those when he parked and left his vehicle in the carpark. However this damage occurred before TQ was able to determine whether he would be able to park in the carpark and therefor...