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. ST v OL [2025] NZDT 68 (11 March 2025) [pdf, 180 KB]

   ...collided. 6. OL says she checked behind her because this was a school zone and as a parent at the school was very aware that there could be young children around. ST says she believes OL did not check behind but reversed rapidly. 7. The law of negligence imposes a duty on all road users to operate their vehicle so that they do not cause damage to others. The Land Transport (Road User) Rule provides for the standard of care CI0301_CIV_DCDT_Order Page 2 of 3 required of a reasona...

3. 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...

4. 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...

5. 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...

6. 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...

7. CI v DG and others [2025] NZDT 197 (19 May 2025) [pdf, 143 KB]

   ...The Tribunal orders: G Ltd is to pay $3982.45 (being $1600.00 uninsured loss and $2382.45 insured loss) to J Ltd on or before 12 June 2025. Reasons 1. Just after midnight, in the early hours of 16 June 2023, CI was driving his vehicle towards home (about 200 metres from his driveway on [Street 1]) when a dog ran into his path from the right side of the road. He says the dog ‘bounced off the vehicle’ and ran off down the road. 2. Initially he says he thought the...

8. SZ v DE & J Ltd [2025] NZDT 201 (07 May 2025) [pdf, 185 KB]

   ...damage occurred; and ii. evidence about the damage discussed in the traffic crash report is therefore relevant to this hearing. 7. Regarding damage and a failure to take reasonable care, it is clear in New Zealand that the law of negligence says drivers of vehicles have a duty of care to other road users including to take care not to drive in a manner than causes damage to another vehicle. The Land Transport (Road User) Rule 2004 (“LTR”) explains rules that all d...

9. HR v KD & J Ltd [2025] NZDT 223 (9 July 2025) [pdf, 114 KB]

   CI0301_CIV_DCDT_Order Page 1 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2025] NZDT 223 APPLICANT HR RESPONDENT KD APPLICANT INSUERER J Ltd The Tribunal orders: KD is to pay $7,175.40 to J Ltd on or before Friday 1 August 2025. Reasons: 1. On 29 September 2022 HR was travelling in a 100kmph speed zone when two large dogs ran out onto the road and hit into her vehicle. She stopped, and the owner of the dogs,...

10. 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...