Search Results

1. UI & II v SG [2024] NZDT 224 (6 March 2024) [pdf, 207 KB]

   ...in accordance with finding 12 above, adjusting the area to be repaired from 129sqm to half of 3sqm (using the lower figure of the range and halving it because the damaged panel straddles the parties’ boundary approximately equally), results in a negligible cost ($29.90). Clearly, actually repairing the cracked panel would have involved a higher cost than that, but the low cost reveals that it was not economic to do so because the driveway was at or near the end of its expected life. Gi...

2. AEJ Ltd v ZVM [2013] NZDT 304 (23 September 2013) [pdf, 56 KB]

   ...warning road users of stock on the road. [8] I have had regard to ZVM’s belief that the driver of the truck may have contributed to the collision by his speed but I do not find this supported on the evidence. ZVM’s neighbour had parked his vehicle with lights flashing and was waving a torch. This drew the driver’s attention to the Good Samaritan’s actions and actually distracted him from the stock on the road. [9] I find that BQ’s driving did not contribute to the i...

3. Trends for people with finalised charges in court jun2024 [pdf, 236 KB]

   ...finalised charges. 73,885 62,601 66,323 58,924 47,799 49,721 2018/19 2019/20 2020/21 2021/22 2022/23 2023/24 People with finalised charges People convicted 6% 11% 11% 21% 18% 5% 13% 12% 17% 20% 5% 16% 11% 17% 19% Dangerous or negligent acts Theft Assault Offences against justice Traffic 2023/24 2022/23 2018/19 3 Figure 3: There has been a slightly greater use of prison sentences over the last year There was an increase in people who received prison...

4. Whiles-Clarry v Standing [2011] NZIACDT 25 (8 August 2011) [pdf, 92 KB]

   ...complaint [1] In a decision dated 30 June 2011, the Tribunal upheld a complaint in this matter. [2] The facts and background are set out in the earlier decision. The three elements of the complaint that were upheld were, in outline: [2.1] The Adviser negligently failed to provide adequate advice to the Complainants when they migrated to New Zealand. The decision found: [2.1.1] The Adviser had an incorrect understanding of the material policy requirements, [2.1.2] Failed to review h...

5. Three strikes offences December 2018 [xlsx, 227 KB]

   ...offences 3 33 30 60 62 40 44 49 38 2% 4% 2% 5% 5% 3% 3% 3% 2% 02: Acts intended to cause injury 37 254 349 293 300 321 356 389 395 23% 28% 27% 22% 24% 25% 25% 26% 26% 03: Sexual assault and related offences 44 280 456 571 485 507 526 582 582 28% 31% 35% 43% 38% 39% 37% 38% 38% 04: Dangerous or negligent acts endangering persons - - - - - - - - - - - - - - - - - - 05: Abduction, harassment and other offences against the person 4 21 45 54 45 37 55 65 58 3% 2% 3% 4% 4% 3% 4% 4% 4% 06: Robbery...

6. EQ & MC v IJ Ltd & SD [2022] NZDT 146 (31 August 2022) [pdf, 246 KB]

   ...Gary Spence [2017] NZHC 398. Negligent misstatement 3. In relation to EQ and MC’s alternative cause of action, negligent misstatement, the Disputes Tribunal does not have jurisdiction for claims relating to negligent misstatement. 4. Negligence (which includes negligent misstatement) is a tort. Under s10(1)(c) the Disputes Tribunal Act 1988 the Disputes Tribunal’s tort jurisdiction is limited to a claim in respect of: a. the destruction or loss of any property; b. an...

7. LCRO 103/2021 & LCRO 58/2022, LCRO 104/2021 and LCRO 105/2021 GS v ABC Ltd & HY, [Law Firm A] v ABC Ltd & HY and SW v [Area] Standards Committee [X] (24 November 2022) [pdf, 595 KB]

   ...positions. [53] Mr OX was critical of the process that had been followed by the Committee in the course of conducting its investigation. It was his contention that: (a) the issues engaged by the complaint were more appropriately addressed as a negligence claim rather than through the vehicle of a conduct complaint; and (b) an “on the papers” hearing was unsuitable; and (c) the reasons provided by the Committee were “utterly inadequate”; and (d) the Committee had fail...

8. [2022] NZACC 25 - Teavae v ACC (1 march 2022) [pdf, 214 KB]

   ...or five attacks nearly every day. … It is fairly clear that she is suffering from complex partial seizures, almost certainly with a focus in the temporal lobe. … [4] On 12 August 1994, Ms Teavae suffered a diffuse head injury in a motor vehicle accident in England, and she was admitted to hospital. She was seen for neuropsychological evaluation on 18 and 25 August 1994. Following the second evaluation, A M Nielsen, a trainee Neuropsychologist, reported that Ms Teavae was,...

9. [2014] NZEmpC 209 McLennan v New Zealand Post Ltd [pdf, 161 KB]

   ...and extent of the remedy of reinstatement. At the heart of this matter were safety issues and the Court should be slow in reaching a different conclusion to that of the employer on safety issues. … [48] The situation in Villegas related to negligent use of a fork-hoist. Several breaches were established. The employer considered that when these were considered cumulatively they demonstrated a lack of concern for safety and led to its decision to dismiss.

10. LCRO 144/2016 QT v UF (24 August 2018) [pdf, 245 KB]

    ...circumstances of this review Mr QT has been found by the Committee to have contravened rr 6 and 6.1, which emphasises that obligation and duty by prohibiting a lawyer from acting: for more than 1 client in any circumstances where there is a more than negligible risk that the lawyer may be unable to discharge the obligations owed to one or more of the clients. (b) Discussion [80] The maximum fine available under the Act is $15,000.21 Although in setting a penalty for Mr QT’s c...