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1. 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...

2. 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...

3. 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...

4. [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...

5. BG Ltd v YT [2014] NZDT 603 (29 April 2014) [pdf, 218 KB]

   ...not be repaired and therefore could not be re-leased. [15] However, BG is entitled to the amount of its loss under section 68 CCCFA only if it can establish that the car was indeed no longer capable of being re-leased due to the respondent’s negligence after she had paid $1,170 in rental payments during the period from 22 February to the date it was repossessed and has complied with the requirements of the C(R)A in relation to repossession. YT accepts that the current market value...

6. Auckland Standards Committee 3 v PL [2016] NZLCDT 12 [pdf, 59 KB]

   ...beyond the punitive consequences that the respondent had already suffered. [9] In support of that submission he stressed the following: (a) The respondent had also faced charges of an extremely serious kind being misconduct or in the alternative negligence or incompetence in his professional capacity reflecting on his fitness to practise or as to bring his profession into disrepute. Those charges failed. (b) The Tribunal should take into account the cost and stress of the proce...

7. E & F Ltd v TA Ltd [2018] NZDT 1594 (3 April 2018) [pdf, 197 KB]

   ...to E & F Ltd’s property? b. If yes, was the damage foreseeable? c. If yes, is the amount claimed reasonable? Has TA Ltd breached its duty of care and caused damage to E & F Ltd’s property? 3. The relevant law is the law of negligence relating to damage to property. A finding of negligence requires that there is a duty of care, a breach of that duty, and damage as a direct result of that breach. CI0301_CIV_DCDT_Order Page 2 of 5 4. E & F Ltd states tha...

8. IB & MB v PX [2025] NZDT 269 (14 July 2025) [pdf, 197 KB]

   ...Z? 4. There is not enough evidence to make a finding that PX drove too fast on the driveway and that this was the cause of the collision with Z. 5. In relation to PX’s driving at the time of the collision, the law that applies is the law of negligence. Every driver owes a duty to drive with reasonable care and skill, which includes an obligation to drive at a reasonable speed for the conditions. If a driver fails to drive with reasonable care and skill they can be liable in negl...

9. Three strikes offences June 2019 [xlsx, 229 KB]

   ...02: Acts intended to cause injury 1 126 318 345 273 329 325 395 375 364 33% 25% 29% 25% 21% 26% 24% 26% 25% 26% 03: Sexual assault and related offences 1 151 350 546 536 501 518 522 597 513 33% 29% 31% 39% 41% 40% 38% 35% 40% 36% 04: Dangerous or negligent acts endangering persons - - - - - - - - - - - - - - - - - - - - 05: Abduction, harassment and other offences against the person 0 19 23 51 49 41 43 69 53 70 0% 4% 2% 4% 4% 3% 3% 5% 4% 5% 06: Robbery, extortion and related offences 1 174...

10. People discharged without conviction December 2020 [xlsx, 89 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...