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Search results for Negligence vehicle.

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  1. ENVC Hearing 27Jul15 AC suppl evidence Sam Shumane [pdf, 135 KB]

    ...sufficient for most demands, at least when parking in other public facilities is available (on business days). 14. My analysis of the originally proposed marina concluded that with a 55 space facility there was potentially an overspill of up to 13 vehicles during the busiest summer weekend. With the proposed marina's reduction in capacity to 112 berths the potential overspill is in my opinion also likely to reduce to 8-9 vehicles. 15. Our agreed position as traffic and...

  2. Public-Place-Amendment-Paper_FINAL.pdf [pdf, 571 KB]

    ...Alida Mercuri, General Manger, Criminal Justice Policy, Ministry of Justice Purpose 1. This aide-memoire outlines: • Crown Law’s advice about how the gang insignia display offence applies when insignia are displayed from inside a private vehicle in a public place, • the implementation implications of this advice for Police, and • options for next steps on the Gangs Bill. Key messages 2. The Gangs Bill seeks to criminalise the knowing display of gang insignia in a publ...

  3. [2016] NZEmpC 136 Xtreme Dining Ltd t/a Think Steel v Dewar [pdf, 391 KB]

    XTREME DINING LIMITED TRADING AS THINK STEEL v LEIGHTON DEWAR NZEmpC CHRISTCHURCH [2016] NZEmpC 136 [31 October 2016] IN THE EMPLOYMENT COURT CHRISTCHURCH [2016] NZEmpC 136 EMPC 73/2016 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN XTREME DINING LIMITED TRADING AS THINK STEEL Plaintiff AND LEIGHTON DEWAR Defendant Hearing: Court: 26 and 27 July 2016 (heard at Christchurch

  4. ABQ and ABR v ZYO [2013] NZDT 56 (5 June 2013) [pdf, 83 KB]

    ...costs to ABQ’s car? [4] The Tribunal has jurisdiction to hear claims based in contract and in tort. A tort is a civil wrong. Claims in tort can be heard by the Tribunal in respect of the destruction, loss, damage to or recovery of property. Negligence is the relevant tort relating to this claim. Negligence concerns the duties that a person owes another to take care. A driver is negligent if they breach a duty they owe to another driver and cause damage as a result. [5] In de...

  5. ND v BC [2022] NZDT 128 (15 August 2022) [pdf, 160 KB]

    ...circumstances of possession. Whether the duty has been breached is decided by asking what reasonable care requires of a bailee in the circumstances of the case. This provides an objective standard of care against which the actions of a bailee alleged to be negligent can be compared. Factors that are relevant are the nature of the goods and the bailment. [15] BC did not accept he had liability for the damage to the truck at the first hearing. He did not attend the second hearing and th...

  6. IM v KE [2024] NZDT 301 (8 May 2024) [pdf, 183 KB]

    ...The Tribunal orders: KE is to pay $250.00 to IM on or before 31 May 2024. REASONS Brief Details of Claim 1. On or about 14 December 2023, IM drove into the carpark of [café]. IM says as she pulled up, a large dog started jumping up at her vehicle. IM went into the café to enquire as to whose dog it was. A person from the café came out and IM and that person caught the dog. The person from the café tied the dog up out the back of the cafe. There was a tag on the dog’s colla...

  7. Sionepulu v Downer NZ Ltd & Police [2012] NZHRRT 16 [pdf, 63 KB]

    ...afternoon of 2 July 2012 counsel for both defendants made strike out applications. Both applications were granted. In this decision we set out our reasons. 2 Background [2] On the morning of 14 March 2011 Ms Sionepulu was the driver of a vehicle travelling in a southerly direction over the Auckland Harbour Bridge towards the city. On her account, she was in a middle lane when she observed that in the lane on her right hand side a vehicle travelling in the same direction had br...

  8. ET v TM [2023] NZDT 453 (21 August 2023) [pdf, 178 KB]

    ...repairs to [car 1] of $6,017.15. There were no uninsured losses. 3. The issues to be determined are: a) Who was responsible for the collision? b) What sum, if any, is TM liable to pay? Who was responsible for the collision? 4. The tort of negligence requires payment of compensation when someone breaches a duty of care to another person causing foreseeable damage. Drivers have a duty of care towards other drivers, which includes compliance with the provisions of the Land Transport A...

  9. [2025] NZREADT 41 - DQ & KU v CAC 2204 Rule (19 September 2025) [pdf, 328 KB]

    ...per cent to reflect this factor. [62] The licensees point out one of the purchasers was licensed as a real estate salesperson at the time of the purchase. They contend any compensation should be reduced significantly to reflect his contributory negligence. [63] The licensed purchaser states that at the time of purchasing the property he was only a Personal Assistant (PA) and operations manager to another salesperson. According to the licensed purchaser, his duties were purely ad...

  10. IH & KH v B Ltd [2024] NZDT 820 (21 October 2024) [pdf, 92 KB]

    ...in one of the units that share the boundary fence onto the shared driveway, say the area where Mr T says the stone came from is sprayed with weed killer and not mowed. 4. This dispute is about tort damage to property, which is where someone has negligently caused damage to another property. The most common tort damage claims are motor vehicle claims where one driver has negligently caused damaged to another person’s car or property. It is disputed whether B Ltd was the cause of the...