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1. 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...

2. 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...

3. 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...

4. 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...

5. 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%...

6. 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....

7. OB v BB [2023] NZDT 33 (7 February 2023) [pdf, 142 KB]

   ...driver first, then an adjournment for a formal lodging of BB’s costs if liability on the part of BH was proven. 6. The issues to be determined are: • Where were the cars positioned on the road when the impact occurred? • Is BB liable in negligence for causing the collision? • What are the reasonable costs suffered? Where were the cars positioned on the road when the impact occurred? 7. BH says that BB had indicated left and pulled into the kerb on the left and stopped...

8. OQ v N Ltd [2023] NZDT 660 (24 November 2023) [pdf, 199 KB]

   ...OQ claims reimbursement of the replacement cost. 2. Both parties attended the hearings. Mr and Mrs B represented N Ltd at the first hearing, and Mr B at the second hearing. 3. The hearing was adjourned to enable the parties to provide a further vehicle assessment and for N Ltd to contact its insurer. 4. Before the vehicle could be taken for assessment, it was repossessed by the finance company as OQ could not afford repayments on the car as well as the cost of a replacement vehicle...

9. People found unfit to stand trial or not guilty by reason of insanity June 2017 [xlsx, 77 KB]

   ...division) 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 2016/2017 01: Homicide and related offences 4 3 3 2 5 2 4 2 2 4 02: Acts intended to cause injury 39 61 63 51 99 93 90 94 102 203 03: Sexual assault and related offences 22 19 30 48 17 27 42 143 57 80 04: Dangerous or negligent acts endangering persons 0 3 1 6 4 4 5 6 11 11 05: Abduction, harassment and other offences against the person 9 13 8 16 23 24 14 28 23 34 06: Robbery, extortion and...

10. People found unfit to stand trial or not guilty by insanity December 2017 [xlsx, 82 KB]

    ...division) 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 01: Homicide and related offences 5 2 2 5 3 1 5 0 4 4 02: Acts intended to cause injury 61 56 52 87 105 71 93 107 119 220 03: Sexual assault and related offences 29 26 30 34 25 35 30 155 68 93 04: Dangerous or negligent acts endangering persons 2 2 1 7 4 6 4 6 14 11 05: Abduction, harassment and other offences against the person 15 8 15 21 22 19 15 33 26 34 06: Robbery, extortion and related offences 2 0 4 8 5 2 3 3 7 2 07: Unla...