Search Results

1. E Ltd v KC [2024] NZDT 443 (27 May 2024) [pdf, 101 KB]

   ...road when it should not have been? c. Is J Ltd estopped from pursuing the current claim against KC? d. Are the repair costs claimed reasonable? Did KC cause the damage by failing to take reasonable care? 6. The relevant law is the law of negligence. Drivers must take care not to act in a manner that causes damage to another vehicle. In other words, they must drive with reasonable care. CI0301_CIV_DCDT_Order Page 2 of 4 7. Drivers must also abide by the applicable rules f...

2. SM v KK [2024] NZDT 428 (17 May 2024) [pdf, 100 KB]

   ...The entrance to the roundabout is controlled by give way signs. SM had entered the roundabout and was travelling in the right lane with the intention of exiting south onto [Road 1]. He had almost reached the [Road 1] exit when the left front of his vehicle hit the right side of KK’s vehicle. 2. The parties do not dispute how the incident occurred, other than who entered the roundabout first and whether SM indicated his intention to exit the roundabout. They also do not dispute the...

3. CL v NV [2024] NZDT 123 (31 January 2024) [pdf, 196 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 3 to pass on the left of another vehicle moving in the same direction unless the movement can be made with safety and is made with due consideration for other users of the road. It is also mandatory that the two vehicles are in different lanes, or the overtaken vehicle is stationary, or its driver has given or is giving the prescribed signal of her intention to turn to the right. [7] If these conditions are not met, then the overtaking driver, albeit t...

4. People charged and convicted of offences December 2017 [xlsx, 481 KB]

   ...offences 230 232 244 184 144 203 227 174 233 224 02: Acts intended to cause injury 32,382 34,595 32,289 29,856 28,425 25,436 22,299 23,020 24,315 25,531 03: Sexual assault and related offences 4,655 4,826 5,372 5,050 5,546 5,903 5,254 5,731 5,509 5,536 04: Dangerous or negligent acts endangering persons 21,548 20,557 17,900 15,194 14,260 12,668 10,945 10,636 11,654 12,513 05: Abduction, harassment and other offences against the person 5,613 6,114 5,768 5,384 4,945 4,524 4,353 4,775 5,511 5,...

5. MVDT Annual Report 2009-2010 (Auckland) [pdf, 228 KB]

   ANNUAL REPORT OF THE MOTOR VEHICLE DISPUTES TRIBUNAL AUCKLAND Period 1 July 2009 to 30 June 2010 Dear Minister Pursuant to section 87 of the Motor Vehicle Sales Act 2003 (‘the Act”) I am pleased to submit the following Annual Report summarising the applications I have dealt with during the year, detailing cases which, in my opinion, require special mention and making recommendations for amendments to the Act. As you will see from the following summary, the Auckland Trib...

6. CT v XH 2014 NZDT 736 (2 September 2014) [pdf, 120 KB]

   ...prudent driver by failing to give way? b. If so, what are the reasonable costs of the damage caused that XH is required to pay? Did XH fail to drive to the standard of a reasonable and prudent driver by failing to give way? [4] The law of negligence imposes a duty of care on all drivers, which requires all drivers to drive to the standard of a reasonable and prudent driver. This standard can be ascertained by referring to the Land Transport (Road User) Rule 2004. That Rule state...

7. BW v HN [2024] NZDT 296 (30 April 2024) [pdf, 91 KB]

   ...as follows: a. Was HN responsible for the collision? b. If so, are the costs claimed reasonable to put BW back in the position she would have been had the collision not occurred? Was HN 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. 5. At the hearing BW stated that she was driving towards the exit, following a line of other car...

8. People found unfit to stand trial or not guilty by insanity June 2018 [xlsx, 77 KB]

   ...division) 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 2016/2017 2017/2018 01: Homicide and related offences 3 3 2 5 2 4 2 2 4 3 02: Acts intended to cause injury 61 63 51 99 93 90 94 98 203 169 03: Sexual assault and related offences 19 30 48 17 27 42 143 56 81 72 04: Dangerous or negligent acts endangering persons 3 1 6 4 4 5 6 11 11 16 05: Abduction, harassment and other offences against the person 13 8 16 23 24 14 28 23 34 37 06: Robbery, extortion a...

9. Outcomes for Mentally Impaired Persons June 2023 [xlsx, 97 KB]

   ...offences 4 2 2 4 3 2 4 2 9 5 1% <1% 1% 1% 1% <1% 1% <1% 1% 1% 02: Acts intended to cause injury 86 94 98 202 169 152 161 207 205 210 28% 21% 28% 32% 31% 27% 35% 27% 29% 30% 03: Sexual assault and related offences 42 140 56 80 72 43 36 38 75 84 14% 31% 16% 13% 13% 8% 8% 5% 11% 12% 04: Dangerous or negligent acts endangering persons 5 6 11 11 16 13 11 24 21 6 2% 1% 3% 2% 3% 2% 2% 3% 3% 1% 05: Abduction, harassment and other offences against the person 14 28 23 34 37 36 31 65 52 58 5%...

10. PV v OS & B Ltd [2023] NZDT 172 (3 May 2023) [pdf, 105 KB]

    ...carriers fitted to the sides of the van to carry glass. He had a duty to see if anyone was approaching (if indeed PV was approaching). The duty does not rest on PV as he was in his lane. On that basis I find that OS breached his duty of care. He was negligent. 11. In any event: a. OS was speaking to WS on the phone at the time (whether or not he was on handheld or handsfree). Drivers must ensure there are no distractions which cause them to lose concentration when driving. b....