Search Results

1. CAC20006 v Spencer [2013] NZREADT 8 [pdf, 95 KB]

   ...charges the defendant with misconduct under s 73(b) of the Act, in that his conduct relating to the potential purchase by Mr Bert van Vliet and Ms Beverley Callaghan of Lot 44, 40 Alderton Drive, Kerikeri, constituted seriously incompetent or seriously negligent real estate agency work. Particulars: (a) Failing to accurately communicate to the vendor the offer made by Mr van Vliet and Ms Callaghan. (b) Misrepresenting the vendor’s acceptance of the offer. (c) Failing to ob...

2. Children and young people with charges finalised in any court June 2019 [xlsx, 266 KB]

   ...02: Acts intended to cause injury 1,551 1,395 1,395 1,224 966 873 900 1,020 843 738 10% 10% 10% 11% 9% 10% 10% 10% 10% 9% 03: Sexual assault and related offences 213 147 216 258 174 129 246 180 189 192 1% 1% 2% 2% 2% 1% 3% 2% 2% 2% 04: Dangerous or negligent acts endangering persons 858 621 453 330 294 270 279 315 342 303 5% 4% 3% 3% 3% 3% 3% 3% 4% 4% 05: Abduction, harassment and other offences against the person 273 276 249 234 183 195 201 195 159 165 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 06: Ro...

3. Children and young people with charges finalised in the Youth Court June 2019 [xlsx, 256 KB]

   ...02: Acts intended to cause injury 1,464 1,344 1,335 1,167 921 849 885 996 828 708 10% 10% 11% 11% 10% 10% 10% 11% 10% 9% 03: Sexual assault and related offences 153 117 162 204 141 105 201 141 156 162 1% 1% 1% 2% 1% 1% 2% 2% 2% 2% 04: Dangerous or negligent acts endangering persons 480 393 291 228 219 219 237 270 306 276 3% 3% 2% 2% 2% 3% 3% 3% 4% 4% 05: Abduction, harassment and other offences against the person 258 267 237 222 177 189 198 189 153 159 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 06: Rob...

4. BX v FN Ltd [2018] NZDT 1505 (11 July 2018) [pdf, 208 KB]

   ...caused by some other instance of negligence in the way FN Ltd loaded, secured, or unloaded the goods. 11. In fact, there is no evidence that anything happened during carriage that was outside FN Ltd’s control, such as an earthquake or another vehicle colliding with the truck, so it is most likely that the damage was caused by FN Ltd’s negligence. 12. Clause 1 of FN Ltd’s terms and conditions specified, “All the items should be properly wrapped and packed by the customers since...

5. Three strikes offences June 2020 [xlsx, 113 KB]

   ...02: Acts intended to cause injury 126 318 345 274 329 325 395 373 361 329 25% 29% 25% 21% 26% 24% 26% 25% 26% 27% 03: Sexual assault and related offences 151 350 546 536 501 517 522 594 508 439 29% 31% 39% 41% 40% 38% 35% 40% 36% 37% 04: Dangerous or negligent acts endangering persons - - - - - - - - - - - - - - - - - - - - 05: Abduction, harassment and other offences against the person 19 23 51 49 41 44 69 53 67 51 4% 2% 4% 4% 3% 3% 5% 4% 5% 4% 06: Robbery, extortion and related offences...

6. People discharged without conviction June 2019 [xlsx, 208 KB]

   ...is due to changes in offence categorisation for 'driving causing death' offences. Prior to mid-2012 there were several offences which included 'driving causing death or injury', which were categorised in division 04: Dangerous or negligent acts endangering persons. When these offences were replaced with separate offences for 'driving causing death' and 'driving causing injury', the new 'driving causing death' offences were categorised in 01: Hom...

7. People discharged without conviction December 2018 [xlsx, 207 KB]

   ...is due to changes in offence categorisation for 'driving causing death' offences. Prior to mid-2012 there were several offences which included 'driving causing death or injury', which were categorised in division 04: Dangerous or negligent acts endangering persons. When these offences were replaced with separate offences for 'driving causing death' and 'driving causing injury', the new 'driving causing death' offences were categorised in 01: Hom...

8. Auckland Standards Committee v Rohde [2016] NZLCDT 9 [pdf, 34 KB]

   ...breath testing). There was also an earlier, quite serious conviction, of wilfully attempting to obstruct, prevent, pervert or defeat the course of justice (which had also led to disciplinary charges), together with earlier disciplinary charges of negligence and incompetence (at the lower level). [27] There was evidence before the Tribunal in the Taffs decision that the practitioner had consulted with a psychologist in relation to his use of alcohol, and had attended two sessions wi...

9. Supplementary Regulatory Impact Statement: A New Trusts Act - Commercial and Financial Trusts [pdf, 957 KB]

   ...part 4A Trustee exemption and indemnity Apply 4B Court power to relief of a trustee from personal liability in certain circumstances Apply 4C Duty of paid adviser Further analyse Line 1 4D Prohibition on exempting or indemnifying ‘gross negligence’ Further analyse Line 2 5 Retention of information by trustees Further analyse Line 3 6 Provision of information to beneficiaries Further analyse Line 4 7 Administrative powers Apply 8 Powers of maintenance and advancemen...

10. [2008] NZEmpC WC 7B/08 Hawkins v Commissioner of Police [pdf, 49 KB]

    ...cases in which police officers developed mental stress as a result of their work conditions. In Brickell v Attorney- General16, Mr Brickell was awarded $75,000 for damages for pain, suffering, and loss of amenity having established liability in negligence and a breach of statutory duty under the Health and Safety in Employment Act 1992, with an allowance for contributory negligence. A claim for breach of contract in the High Court led to two...