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1. [2019] NZCAA 1 (18 January 2019) [pdf, 216 KB]

   ...appeal on the papers under s 258 of the Customs and Excise Act 1996. Taking that approach leaves a risk that the parties may not have been heard adequately, particularly where only one party is represented by a lawyer. [2] The appeal relates to a vehicle being a Nissan NV200 Vanette 2012 (the vehicle). It was imported into New Zealand and seized on 14 March 2017 on the basis that under s 225(1)(n) of the Customs and Excise Act 1996 (the Act) it was a good that had “been unlawful...

2. BU v SI Ltd [2015] NZDT 1460 (10 September 2015) [pdf, 183 KB]

   ...which applies when someone breaches a duty of care to another person causing foreseeable damage. Drivers have a duty of care towards other road users, which includes proper maintenance of the vehicle and ensuring it is roadworthy. If an employee is negligent while driving in the course of his or her employment, the employer is vicariously liable for the damage caused. 6. The parties agreed that a driver would only have basic tools available to change a wheel, and could not be expected to...

3. TS & BS v KI [2023] NZDT 63 (16 February 2023) [pdf, 209 KB]

   ...either party is liable to compensate the other for their losses, and if those losses have been proven. Who is liable for the losses incurred in the accident? 5. A person may be liable to compensate another for their losses if that person has negligently caused loss or damage to the other. 6. When exiting [Street B], KI had a duty in accordance with Rule 4.1, Land Transport (Road User) 2004, to stop at the intersection of [Street B] and [Street A], and to give way to all oncoming...

4. NG v CG [2024] NZDT 343 (26 April 2024) [pdf, 145 KB]

   ...corner’ as he entered [Road 1]? b. Did NG contribute to the crash with negligent action? c. Is the amount claimed fair and reasonable? Did the crash and damage occur because CG ‘cut the corner’ as he entered [Road 1]? 5. Under the law of negligence all drivers owe other road users a duty of care and in this case, other property owners. The duty of care requires drivers to drive to the standard of a CI0301_CIV_DCDT_Order Page 2 of 4 reasonable and prudent driver. This sta...

5. AFL v ZUK [2012] NZDT 283 (14 January 2012) [pdf, 79 KB]

   ...by the tort of negligence and r 7.2(1) of the Land Transport (Road User) Rule 2004. [3] Rule 7.2(1) of the Land Transport (Road User) Rule 2004 states: A person must not cause a hazard to any person by opening or closing a door of a motor vehicle, or by leaving the door of a motor vehicle open. [4] All drivers owe a duty of care to other road users to exercise due caution and care. This duty of care includes insuring that the way is clear before opening a vehicle door....

6. OIA-120631.pdf [pdf, 794 KB]

   ...Specifically, you requested: 1. Number of convicted charges for traffic offences, by offence type, for 2023 and 2024 (year ending December): • Driving causing death • Driving under the influence of alcohol or other substance • Dangerous or negligent operation (driving) of a vehicle • Driving while licence disqualified or suspended • Driving without a licence • Driver licence offences, not elsewhere classified • Registration offences • Roadworthiness offences • E...

7. People remanded on bail or at large and offending on bail or at large December 2020 [xlsx, 278 KB]

   ...definitions and data notes Back to contents page Example interpretation: There were some differences in the type of offence that was the most serious for each remand type. For 'at large' in 2019, half of people (51%) had a 'traffic and vehicle regulatory' offence (e.g. excess breath alcohol) as their most serious offence and 21% had an offence for 'dangerous or negligent act endangering persons' (eg careless driving). For 'bail', 21% of people in 2019 h...

8. People remanded on bail or at large and offending on bail or at large June 2020 [xlsx, 279 KB]

   ...definitions and data notes Back to contents page Example interpretation: There were some differences in the type of offence that was the most serious for each remand type. For 'at large' in 2018/2019, half of people (50%) had a 'traffic and vehicle regulatory' offence (eg excess breath alcohol) as their most serious offence and 22% had an offence for 'dangerous or negligent act endangering persons' (eg careless driving). For 'bail', 25% of people in 201...

9. People remanded on bail or at large and offending on bail or at large December 2019 [xlsx, 280 KB]

   ...definitions and data notes Back to contents page Example interpretation: There were some differences in the type of offence that was the most serious for each remand type. For 'at large' in 2018, half of people (50%) had a 'traffic and vehicle regulatory' offence (eg excess breath alcohol) as their most serious offence and 22% had an offence for 'dangerous or negligent act endangering persons' (eg careless driving). For 'bail', 25% of people in 2018 had...

10. People remanded on bail or at large and offending on bail or at large December 2021 [xlsx, 280 KB]

    ...page Example interpretation: There were some differences in the type of offence that was the most frequently a person's most serious for each remand type. For 'at large' in 2020, just over half of people (56%) had a 'traffic and vehicle regulatory' offence (eg excess breath alcohol) as their most serious offence and 18% had an offence for 'dangerous or negligent act endangering persons' (eg careless driving). For 'bail', 22% of people in 2020 had as...