Search Results

1. BC v TG [2021] NZDT 1636 (13 October 2021) [pdf, 105 KB]

   ...are as follows: a. Was TG responsible for the collision? b. If so, are the costs claimed reasonable to put BC back in the position he would have been had the collision not occurred. Was TG responsible for the collision? 4. Under the law of negligence all drivers owe other road users a duty of care. Drivers must take care not to drive in a manner that causes damage to another vehicle. The Land Transport (Road User) Rule 2004 (LTR) states the rules that all drivers must abide by in...

2. MB v TX & EX [2023] NZDT 386 (16 August 2023) [pdf, 233 KB]

   ...heard by another Referee. The claim was dismissed as the Referee found the taxi driver not liable for the actions of his passenger. 6. MB now claims in the Disputes Tribunal against both TX and EX. The issues to be determined are: i. Was EX negligent when opening the car door? If so, is he liable to compensate MB for his losses? ii. Is TX liable for the losses? CI0301_CIV_DCDT_Order Page 2 of 3 iii. Have the losses been proven? Was EX negligent when opening the car doo...

3. MJ v CB [2023] NZDT 130 (9 March 2023) [pdf, 99 KB]

   ...Ltd have filed a counterclaim, the Tribunal can make a binding determination. 5. All parties attended the hearing. MJ was represented by her father with the Tribunal’s consent. Who caused the collision? 6. The relevant law is the law of negligence. Road users must take care not to drive or ride 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 road users. The relevant rules applied to...

4. MI v EG [2023] NZDT 194 (23 June 2023) [pdf, 188 KB]

   ...prove he has incurred that his insurer is entitled to be compensated for? Did EG breach his duty of care by passing on the left of a vehicle in a lane of traffic or by occupying a lane of traffic that was not available to him? 5. The law of negligence imposes a duty on everyone to ensure that a person does not damage another person’s property as a result of how they operate their vehicle. 6. A lane is defined in the Land Transport (Road User) Rule 2004 to include a cycle lan...

5. ZG v DD Ltd & GT [2023] NZDT 119 (30 June 2023) [pdf, 118 KB]

   ...the act and what he was authorised to do, so that the company is vicariously liable? c. What, if any, reasonable costs associated with the collision ought to be paid? Was GT responsible for the collision? 5. The relevant law is the tort of negligence, which applies when someone breaches a duty of care to another person causing foreseeable damage. Drivers have a duty of care towards the owners of vehicles or other property in the vicinity not to cause damage to that property. 6....

6. UL v TS [2024] NZDT 302 (27 March 2024) [pdf, 131 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 3 b. If not, did she cause the damage? c. If so, what remedy is appropriate? Did TS take reasonable care not to cause damage to UL’s vehicle in a situation when she owed him a duty of care? 8. The law of negligence states that where parties owe a duty of care to others they must take reasonable care not to cause damage to them. 9. I accept that TS owed UL a duty of care. Although I note her point that she was mowing her own lawns on her ow...

7. All charges and convicted charges December 2018 [xlsx, 874 KB]

   ...offences 982 821 956 972 1,270 1,289 1,491 1,774 1,977 2,202 2,272 2,936 3,858 4,887 5,195 4,995 5,260 4,828 4,680 4,006 3,839 4,068 4,395 4,819 4,343 4,509 4,918 4,474 4,655 4,826 5,372 5,023 5,524 5,883 5,244 5,707 5,502 5,501 5,552 04: Dangerous or negligent acts endangering persons 15,069 18,581 20,159 20,956 22,302 22,367 24,148 25,476 24,507 24,427 22,449 22,867 21,474 19,240 19,438 22,067 20,717 18,446 19,659 18,585 17,221 16,723 17,716 17,954 18,848 19,223 20,265 21,756 21,576 20,579 1...

8. MU v OL [2023] NZDT 698 (14 December 2023) [pdf, 203 KB]

   ...speeding, and that the cause of the collision was a failure on OL’s part to ensure that the way was clear before attempting to continue his ‘backing’ manoeuvre. If so, what is the remedy? 18. The normal measure of damages for a claim in negligence is to restore the wronged party to the position they were in before the negligent damage occurred. 19. MU provided a copy off an estimate from [vehicle repair company] which includes labour and second hand parts to repair his da...

9. DN v NS [2024] NZDT 336 (23 May 2024) [pdf, 127 KB]

   ...time, and the matter could proceed in his absence. 4. The issues to be resolved are: a. Did NS cause damage to DN’s car? b. If so, is DN entitled to claim $3,252.34? Did NS cause damage to DN’s car? 5. The general principles of the law of negligence requires every driver to take care to drive in a manner that does not cause damage to other road user’s vehicles or property. The road user rules say that a driver must not, when road markings or traffic signs designate specific l...

10. All charges and convicted charges June 2019 [xlsx, 859 KB]

    ...offences 966 856 937 1,100 1,305 1,455 1,536 1,815 2,109 2,113 2,671 3,336 4,460 5,107 5,065 5,014 4,972 4,815 4,344 3,937 4,195 4,175 4,272 4,763 4,520 4,691 4,680 4,588 4,607 5,324 5,079 5,071 5,826 5,254 5,659 6,017 4,943 5,795 5,178 04: Dangerous or negligent acts endangering persons 16,817 19,785 20,138 21,647 22,335 23,163 25,233 24,852 24,339 23,920 22,315 22,499 20,183 19,123 20,932 21,659 19,751 18,682 19,559 17,501 17,015 17,016 17,699 18,480 19,034 19,664 21,218 21,827 20,750 19,623...