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1. DN v TQ [2021] NZDT 1632 (4 October 2021) [pdf, 213 KB]

   ...unable to provide objective evidence to support speed as a factor and while TQ may have been travelling at speed, it is unproved. 19. For these reasons, I find that DN contributed to the collision. If so, what is the remedy? 20. A person who negligently damages another person’s property is required to put that person back into the position they were in before the damage occurred. 21. DN provided the Tribunal with a copy of an estimate from MC Ltd for the cost of repairing h...

2. BT v U Ltd [2024] NZDT 201 (8 April 2024) [pdf, 110 KB]

   ...the contract of carriage provide for some liability. CI0301_CIV_DCDT_Order Page 4 of 5 25. It is clear that there was no intentional loss caused by U Ltd. This is not even alleged by BT who describes the loss as being the result of “gross negligence.” Accordingly, if U Ltd has any liability, that will have to be provided for in the terms of carriage. 26. Neither party could point to any terms of the contract. The general law will therefore apply. There are four types of c...

3. T Ltd v X Ltd [2023] NZDT 521 (28 September 2023) [pdf, 107 KB]

   ...those acts. T Ltd would be liable for the fraudulent conduct of an employee or visitor to its premises only if it had authorised that person, or held him or her out as authorised, to deal with T Ltd’s finances; or if T Ltd’s office practice was negligent, so as to enable a financial fraud to be carried out. Thus, if the fraud were committed by, for example, a cleaner or mechanic, T Ltd would be vicariously liable for his or her wrongdoing only if T Ltd’s careless conduct enabled it....

4. AGQ v ZTY [2013] NZDT 355 (6 January 2014) [pdf, 25 KB]

   ...above I find the agreement between the parties is of no affect. What is the amount of AGQ’s loss? [12] As the agreement between the parties is of no effect, liability, as between the parties, returns to that determined under the tort of negligence. The tortious measure of damages seeks to put a party back into the position they were in before the tortious act took place. In this case AGQ purchased her car in January 2013 for $2,600.00 and, as noted earlier, given its age i...

5. AAQ Ltd v ZZJ, ZZK and ZZL [2013] NZDT 13 (16 April 2010) [pdf, 84 KB]

   ...ZZL Ltd) (s 26(a)(i) of the CGA); or ii. a cause independent of human control, occurring after the goods have left the control of ZZJ Ltd (s 26(a)(ii) of the CGA). [6] Similar liability would also exist under general principles of the law of negligence, but as the Consumer Guarantees Act has direct application, the former need not also be addressed. Issues [7] To succeed in its claim, AAQ Ltd must establish on the balance of probabilities that: (i) the fuel it purchased...

6. Allan v Christchurch City Council [pdf, 22 KB]

   ...was therefore no more than $58,768.16. The Tribunal noted that the actual painting costs incurred with the full remediation were $19,670.00 and so this deduction on the basis of a partial reclad was proportionate and appropriate. Contributory Negligence The Tribunal accepted the claimant’s evidence that they were not sufficiently aware of the degree of risk they were taking when purchasing their monolithically clad home as to amount to contributory negligence on their part. There w...

7. JD v SL [2023] NZDT 364 (20 July 2023) [pdf, 185 KB]

   ...8. The issues I have to consider are: a. Did SL cause the damage by failing to take reasonable care? b. If so, what is the appropriate remedy? Did SL cause the damage by failing to take reasonable care? 9. The relevant law is the law of negligence. Drivers must take care not to drive in a manner that causes damage to another vehicle. CI0301_CIV_DCDT_Order Page 2 of 3 10. I find that SL failed to take reasonable care. I say that because he hit two stationary cars that...

8. Children and young people with charges finalised in any court December 2020 [xlsx, 348 KB]

   ...10 - 16 year olds and 17 year olds from 1 July 2019) 03: Sexual assault and related offences 177 240 234 153 189 195 198 186 156 147 1% 2% 2% 2% 2% 2% 2% 2% 2% 2% Total (including 10 - 16 year olds and 17 year olds from 1 July 2019) 04: Dangerous or negligent acts endangering persons 546 354 306 261 270 303 342 321 282 375 4% 3% 3% 3% 3% 3% 3% 4% 4% 4% Total (including 10 - 16 year olds and 17 year olds from 1 July 2019) 05: Abduction, harassment and other offences against the person 240 25...

9. Children and young people with charges finalised in any court June 2020 [xlsx, 347 KB]

   ...10 - 16 year olds and 17 year olds from 1 July 2019) 03: Sexual assault and related offences 147 213 258 174 126 246 180 189 183 132 1% 2% 2% 2% 1% 3% 2% 2% 2% 2% Total (including 10 - 16 year olds and 17 year olds from 1 July 2019) 04: Dangerous or negligent acts endangering persons 621 450 330 294 270 282 312 342 282 345 4% 3% 3% 3% 3% 3% 3% 4% 4% 4% Total (including 10 - 16 year olds and 17 year olds from 1 July 2019) 05: Abduction, harassment and other offences against the person 276 24...

10. Children and young people with charges finalised in any court June 2021 [xlsx, 349 KB]

    ...10 - 16 year olds and 17 year olds from 1 July 2019) 03: Sexual assault and related offences 216 258 174 129 246 180 189 183 153 168 2% 2% 2% 1% 3% 2% 2% 2% 2% 2% Total (including 10 - 16 year olds and 17 year olds from 1 July 2019) 04: Dangerous or negligent acts endangering persons 450 330 294 267 282 312 342 279 327 324 3% 3% 3% 3% 3% 3% 4% 4% 4% 4% Total (including 10 - 16 year olds and 17 year olds from 1 July 2019) 05: Abduction, harassment and other offences against the person 249 23...