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1. LCRO 63/2021 FB v LK (31 May 2021) [pdf, 166 KB]

   ...agreement is dissatisfied with any aspect of it, is for that person to seek legal advice about whether there would be grounds to apply to the Family Court to have the agreement set aside. [27] The Committee also noted that Mr FB had referred to negligence proceedings against Mr LK, but concluded that although possibly filed by Mr FB, they had not been served. Further, there was uncertainty as to whether or not Mr FB had filed an application in the Family Court seeking an order setti...

2. BU v NPU [2023] NZDT 327 (30 June 2023) [pdf, 244 KB]

   ...no harm inflicted by the impact, there was emotional distress and humiliation suffered by the participants. BU says NPU did not exercise any standard of care in these circumstances as EX should have come to a slow and gentle stop. They say NPU was negligent. CI0301_CIV_DCDT_Order Page 2 of 5 5. EX (representing NPU) confirmed he was the driver of the truck. He says he left the wharf slowly, under 10kph as the road is potholed, narrow and has overhanging trees. LN (another NPU staff...

3. Trends for people with finalised charges in court June 2023 [pdf, 275 KB]

   ...convicted people had traffic offences as their most serious convicted offence (Figure 2). Other offence types3 that were frequently the most serious conviction included offences against justice (12%), assault (12%), theft (7%), and dangerous or negligent acts (6%). Figure 2: Traffic offences are often a person’s most serious conviction The number of people with serious, violent, and family violence offences increased less over the last year Some key offence types follo...

4. Thoman v Devi [2014] NZIACDT 26 (17 March 2014) [pdf, 118 KB]

   ...held. [5] Here there is a fundamental question of credibility on a serious issue. [6] The parties have sought to have the complaint decided on the papers. The Tribunal has accepted it should do that. The Tribunal has upheld the complaint based on negligence and incompetence but has dismissed the complaint to the extent that it is based on dishonest or misleading conduct. The complaint [7] The Registrar filed a Statement of Complaint. [8] The foundation of the complaint is an allega...

5. Cooney and Dempsey TRI 2022-100-001 Procedural Order 6 [pdf, 152 KB]

   ...[28] The exclusions and limitations are somewhat contradictory or unclear. [29] For present purposes it is arguable, based on the extent of defects identified by the Assessors in the three reports obtained by the claimants, that the report is negligent. [30] Without expressing more than an initial view on the matter, it is arguable that the following defects identified in the Assessor’s follow-up full report of 4 November 2012, could have and should have been identified or...

6. E60 Bob Hawkins - Nautical - EIC - Sealink [pdf, 2.3 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of a direct referral application under section 87G of the RMA for resource consents for the necessary infrastructure and related activities associated with holding the America’s Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND LIMITED (ENV-2018-AKL-000078) Applicant AND AUCKLAND COUNCIL Regulatory Authority

7. Adults convicted and sentenced data notes and trends December 2019 [pdf, 152 KB]

   ...2019, the most common offence types for convicted adults (their most serious offence) were (Figure 2): • traffic offences (38%) • offences against justice, such as breaching a community sentence (15%) • assault (12%) • dangerous or negligent acts (mostly dangerous driving) (7%) • theft (7%). Over time, traffic offences have consistently been the most serious offence for convicted adults. Figure 2: More than a third of people have a traffic conviction as their m...

8. ET & Ors v CG & KG [2024] NZDT 861 (11 October 2024) [pdf, 209 KB]

   ...damaged driveway? 9. The principal remedy for torts where damage is caused, is to put the persons that have suffered the damage back into the position they would have been in had the tort not been committed. 10. Where there is contributory negligence, the Tribunal may apportion the responsibility between the parties and reduce the damages awarded accordingly. 11. I have already found that CG and KG did cause damage to an area of the driveway that was foreseeable due to activitie...

9. Rahim v The Real Estate Agents Authority (CAC 416) and Dowdle, Stempa and Eves [2018] NZREADT 65 [pdf, 270 KB]

   ...that the property had two legal carparks, whereas they have now learned that they only have one legal carpark (in the garage), and the rest of the driveway is common area. Their neighbour in the adjoining unit has complained that the commercial vehicle they have parked outside their garage impedes and obstructs access within the common area. [b] They asked Mr Stempa what the situation was regarding painting of the property, and he told them that they could paint their side of the...

10. [2007] NZEmpC AC 5A/07 Ali'imatafitafi v CE of the Department of Corrections [pdf, 91 KB]

    ...plaintiff’s intention and he should send it. He duly sent the letter of 18 November 2002, addressed to the Principal of the school. It commenced: I am lodging a complaint with you to claim damages done to my professional character because of your negligence to inform my person fully of how secure your classrooms were which as a result of your negation to inform adequately, I was blamed for the theft of your school’s video player and television: a final written warning was issued...