Search Results

1. BN & QN v EG [2024] NZDT 884 (22 December 2024) [pdf, 105 KB]

   ...and BN are entitled to $19,764.00 as claimed, or to CI0301_CIV_DCDT_Order Page 2 of 4 any other sum? Was the issue of the Warrant of Fitness by EG a breach of the Fair Trading Act 1986, and/or a breach of a duty of care? 6. In law, negligence occurs where someone owes a duty of care but fails to take reasonable care in carrying out an act, and the party owed the duty suffers loss because of that failure. In New Zealand the FTA is one of the pieces of law that regulates...

2. IN v XI [2023] NZDT 780 (19 December 2023) [pdf, 94 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 780 APPLICANT IN RESPONDENT XI APPLICANT'S INSURER (if applicable) X Ltd The Tribunal orders: XI to pay X Ltd $3,962.44 by 10 February 2024. Reasons: 1. IN claims that on the 21 January 2023 XI was driving a vehicle [registration number] which collided with the rear of her vehicle twice as she was slowing down for traf...

3. KG v OAU [2022] NZDT 225 (29 November 2022) [pdf, 95 KB]

   ...obligation to manage risks on the road. The Disputes Tribunal has no jurisdiction to determine a dispute under CI0301_CIV_DCDT_Order Page 2 of 3 either of those causes of action. The Tribunal does have jurisdiction to determine a dispute based on negligence if the applicant has suffered damage to their property as a result. 6. The law of negligence provides that we owe a duty of care to ensure we do not cause a loss to someone else due to our conduct. 7. KG considered tha...

4. ZY v BT [2023] NZDT 784 (13 December 2023) [pdf, 93 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 784 APPLICANT ZY RESPONDENT BT APPLICANT'S INSURER (if applicable) J Ltd The Tribunal orders: BT to pay J Ltd $9,003.96 by 15 January 2024. Reasons. 1. On the12 January 2023 ZY’s vehicle [registration number] was traveling along [a road] in [city]. ZY stopped when traffic in front of him stopped because of a red...

5. OH v LT [2024] NZDT 298 (24 April 2024) [pdf, 91 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 298 APPLICANT OH RESPONDENT LT APPLICANT'S INSURER U Ltd The Tribunal orders: The claim is dismissed. Summary of Reasons: [1] The hearing was convened by teleconference. All parties appeared at the hearing. Is the respondent liable for the collision of 7 December 2022? [2] The applicant claims that on the abov

6. People discharged without conviction June 2017 [xlsx, 289 KB]

   ...number of people discharged without conviction for Homicide offences is due to changes to offence categorisation. Prior to December 2012 combined offences existed for driving offences causing death or injury which were coded to ANZSOC 0412: Dangerous or negligent operation (driving) of a vehicle. Once separated, offences for driving causing death (eg Careless or inconsiderate vehicle operation causing death (on a road)) were coded to ANZSOC 0132: Driving causing death. Offences for driving caus...

7. TX v CD [2024] NZDT 375 (5 June 2024) [pdf, 96 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 375 APPLICANT TX RESPONDENT CD APPLICANT'S INSURER J Ltd The Tribunal orders: CD is to pay J Ltd the sum of $5,143.95 within 21 days. Reasons 1. On 21 August 2023 at about 8am (being a very busy time), the applicant was driving his motor vehicle along the T2 lane of [road 1]. 2. At that time, the respondent was in her motor...

8. UN v B Ltd & DN [2025] NZDT 70 (20 March 2025) [pdf, 180 KB]

   ...for the damage to DN’s watch, helmet and bike? Who caused the collision? Did UN give way to the vehicle in the lane he was crossing? Did DN contribute to the collision or cause the collision by overtaking in an unsafe manner? 4. The law of negligence requires every driver to take care to drive in a manner that does not cause damage to other cars or property. In the absence of a sign, a driver making a turn, must CI0301_CIV_DCDT_Order Page 2 of 4 give way to a vehicle not maki...

9. OI v NJ [2022] NZDT 180 (15 September 2022) [pdf, 124 KB]

   ...bump behind him, he heard acceleration, then he saw NJ drive past him and park ahead of him. OI spoke with NJ, he noted damage to the middle of the left side of NJ’s car, and he obtained a copy of his licence. OI took a video of the damage to his vehicle, which is to the right rear corner. 2. OI now claims for losses incurred in the accident. 3. The issues for the Tribunal to determine are as follows: i. Did NJ collide with the rear of OI’s vehicle? ii. If so, is NJ liable...

10. HD v FT [2017] NZDT 1396 (20 March 2017) [pdf, 183 KB]

    ...were no uninsured losses. FT counterclaims the cost of repairs to the Mitsubishi of $1,166.10, all of which was uninsured. 3. The issues to be determined are: a) Did the parties reach a binding settlement agreement? b) Did DK to give way? Was FT negligent in failing to provide adequate supervision? c) Was there any contributory negligence on the part of HD? CI0301_CIV_DCDT_Order Page 2 of 3 d) What sum should be paid between the parties? Did the parties reach a binding settle...