Search Results

1. AL Ltd and ABC Ltd v ZO [2014] NZDT 627 (30 June 2014) [pdf, 21 KB]

   ...her brother. The animal belonged to friends of ZO’s and was one of five of their animals that had been in the paddock about 6 weeks. Law [3] The relevant law is s 5 of the Animals Law Reform Act 1989 which confirms that general principles of negligence apply. Under those general principles, a person in control of stock is required to take reasonable steps to prevent the stock from escaping and causing risk to passing motorists. Issues [4] The issues to determine are: • W...

2. GN v MX B Ltd [2023] NZDT 286 (27 July 2023) [pdf, 186 KB]

   ...against the law to drive a car given his recent seizure history. 7. Z also explained that according to the Ministry of Transport’s advice to B Ltd, if a person has suffered a seizure they should not drive a car for 12 months. 8. A claim in negligence consists of a breach of a duty of care owed to another as a result of which that other suffers loss. The duty is owed to those who are in such a relationship of proximity that a reasonable person would recognise that harm might ensu...

3. SX v GO [2023] NZDT 686 (20 December 2023) [pdf, 107 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 686 APPLICANT SX RESPONDENT GO APPLICANT'S INSURER (if applicable) K Insurance Ltd The Tribunal orders: GO is to pay $9343.84 (including a $1000.00 excess) to K Insurance Ltd on or before 31 January 2024. Reasons 1. At the first hearing, GO acknowledged liability for the vehicle collision in which SX had bra...

4. UD v TT [2025] NZDT 5 (9 April 2025) [pdf, 136 KB]

   ...it is most likely that TT’s driving was a cause of the collision because she had an obligation to give way to cars already on [street] as she exited her driveway, and she failed to give way to UD’s car. 4. The law that applies is the law of negligence, which provides that every driver has a duty to drive with reasonable care and skill so as to avoid causing damage to other road users. The duty to drive with reasonable care and skill includes an obligation to follow the rules in the...

5. IZ v JZ & LZ [2024] NZDT 303 (25 March 2024) [pdf, 202 KB]

   ...breaches IZ sought compensation for dated from 2019 until 24 January 2023, when she finally obtained full ownership of the property as a result of the court order of 9 April 2021. She also sought compensation for damage done to the property either negligently or deliberately by JZ (or his agents) up until the time he (or his agents) removed his remaining chattels from the property in June 2023. IZ further sought to claim for lost rental income for the period of 24 January 2023 to 27 April...

6. C Ltd & UC v BO [2024] NZDT 805 (19 September 2024) [pdf, 127 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 805 APPLICANT C Ltd APPLICANT UC RESPONDENT BO APPLICANT'S INSURER J Ltd The Tribunal orders: 1. BO is to pay J Ltd $5,262.25 on or before 11 October 2024. 2. The counterclaim is dismissed. Reasons 1. On 3 June 2022, UC was driving a [vehicle], owed by C Ltd, North along [Road], about five car lengths behin...

7. DI v EL & N Ltd [2024] NZDT 81 (23 January 2024) [pdf, 134 KB]

   ...duty of care as a driver turning right? 4. I find that EL breached the duty he owed as a driver turning right to give way to all traffic travelling straight ahead in the lanes across which he was turning. 5. The law that applies is the law of negligence. Drivers must take reasonable care in operating their vehicle and are responsible for any reasonably foreseeable damage suffered as a result of a failure to do so. 6. The duty to take reasonable care includes a duty to follow the...

8. CQ Ltd v CE [2024] NZDT 473 (12 June 2024) [pdf, 129 KB]

   ...median strip to turn right and the two cars collided. 3. The issues for the Tribunal to determine are whether CE caused the damage to NB’s van and whether the costs of repair are reasonable. 4. The law governing this claim is the law of negligence. All drivers owe a duty of care to other roads users not to drive carelessly and damage other people’s property while driving. The standard by which negligence on the road is judged is found in the Land Transport Act 1998 and the L...

9. Final-Technical-Assessment-E-Social-Impact-Assessment-v2.pdf [pdf, 1.6 MB]

   ...live, community character, health and wellbeing and the quality of the living environment. This will be achieved by reducing road noise and the visual presence of the Project. 23. With mitigation, local scale impacts are assessed as potentially negligible to very-low negative social impacts. Sub-local scale social impacts are assessed as negligible to moderate. INTRODUCTION 24. I, Joanne Healy of Beca Limited, am the Primary Author of this assessment, supported by my team of...

10. SFM Ltd v VI Ltd WJ Ltd [2021] NZDT 1705 (7 September 2021) [pdf, 172 KB]

    ...4. The issues to be decided are: a) Did VI owe a duty of care to SFM in transporting its load? b) If so, did VI fail in its duty to take care? c) If so, is VI liable to pay all or any of the costs claimed by SFM? 5. SFM’s claim is based in negligence. Negligence concerns the duties that one person owes another to take care. Negligence requires four elements to be proven: i) that a duty of care exists between the parties; ii) that there was a breach of that duty; iii) that the dam...