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Search results for Negligence vehicle.

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  1. AG v ZQ LCRO 204/2011 (14 February 2014) [pdf, 102 KB]

    ...relatively high. ‘Misconduct’ under that Act is conduct sufficiently serious to be termed ‘reprehensible’ (or ‘inexcusable’, ‘disgraceful’ or ‘deplorable’ or ‘dishonourable’), or if the default can be said to arise from negligence such negligence must be either reprehensible or be of 11 such a degree or so frequent as to reflect on his fitness to practise7.8 The alternative test for ‘conduct unbecoming’ is whether the conduct is acceptable accordin...

  2. [2024] NZEnvC 209 Bettley-Stamef Partnership v Waikato District Council [pdf, 1.1 MB]

    ...is anticipated that each lot would have the ability to dispose of stormwater and wastewater on-site. In addition to the economic assessment, the transport assessment demonstrates that the impact of the proposal on the transport network will be negligible. Any development will require a resource consent, which provides the opportunity to further avoid, remedy or mitigate any adverse effects on the environment. 5 RMA s32(6) Section 6 There are no section 6 matters of relev...

  3. [2021] NZACC 120 - Hoeberechts v ACC (3 August 2021) [pdf, 199 KB]

    ...Hoeberechts lodged an application for a lump sum/ independence allowance for the right scaphoid fracture. On 11 March 2018, Ms Hoeberechts’s GP, Dr Mark Vaughan, completed a medical certificate in support of the application. Dr Vaughan noted “negligible change of functional impairment, or pain over the past year”. [13] On 16 March 2018, the Corporation wrote to Ms Hoeberechts, advising that she was eligible to be assessed for a lump sum payment for the following injuries (al...

  4. UI & I Ltd v S Ltd & C Ltd [2023] NZDT 750 (16 December 2023) [pdf, 149 KB]

    ...of its premises or of the Truck, nor other property damage or loss at its premises. 14. Given these factors and highlighting the absence of specific instructions/enquiry from I Ltd, and the absence of evidence suggesting S Ltd was careless or negligent in its handling of the Truck or Engine 1, I am persuaded in all these circumstances S Ltd has done what was reasonable in terms of care. 15. For the avoidance of doubt, I am also satisfied any claim under carriage of goods provision...

  5. Friesen v Accident Compensation Corporation (Issue estoppel) [2025] NZACC 134 (25 August 2025) [pdf, 343 KB]

    ...special circumstances) permit the same parties to open the same subject of litigation in respect of matter which might have been brought forward as part of the subject in contest, but which was not brought fon•vard, only because they have, from negligence, inadvertence, or even accident, omitted part of their case. The plea of res judicata applies, 2 Van Heeren v Kidd [2017] 3 NZLR 141. 3 Talyancich v Index Developments Ltd [1992] 3 NZLR 28 (CA). 4 At [123] and [147]....

  6. Lowe and Ors as Trustees of the Vivienne Hicks Family Trust v Morrison [2011] NZWHT Auckland 27 [pdf, 263 KB]

    ............................... 9 Conclusion .................................................................................................. 9 The claim against the First Respondent .................................................... 10 WAS THE COUNCIL NEGLIGENT IN ISSUING THE BUILDING CONSENT, THE CODE OF COMPLIANCE CERTIFICATE AND CARRYING OUT INSPECTIONS? ........................................................................................... 13 The Consent .......................

  7. Director of Proceedings v Emms [2013] NZHRRT 5 [pdf, 165 KB]

    1 (1) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF THE AGGRIEVED PERSON (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 5 Reference No. HRRT 017/2011 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND ROBERT EMMS DEFENDANT AT NELSON BEFORE: Mr RPG Haine

  8. Youth Justice Indicators Summary Report April 2023 [pdf, 2.1 MB]

    Youth Justice Indicators Summary Report April 2023 BBBB Published in April 2023 by the Ministry of Justice Justice Centre, 19 Aitken Street DXSX10088, Wellington, New Zealand ISSN: 2623-999X Suggested citation Ministry of Justice. 2023. Youth Justice Indicators Summary Report. April 2023. Wellington: Ministry of Justice. This document is available at https://www.justice.govt.nz/justice-sector-policy/research-data/justice- statistics/youth-justice-indicators/ Disclaimer

  9. 04-Appendix-Four-DCR_Part1.pdf [pdf, 23 MB]

    ŌTAKI TO NORTH OF LEVIN HIGHWAY PROJECT DESIGN AND CONSTRUCTION REPORT PREPARED FOR WAKA KOTAHI NZ TRANSPORT AGENCY JULY 2022 Stantec │ DESIGN AND CONSTRUCTION REPORT │ JULY 2022 Status: FINAL│Project No.: 310203848│ Our ref: 221010 DCR_V0.9.docx The conclusions in the Report are Stantec’s professional opinion, as of the time of the Report, and concerning the scope described in the Report. The opinions in the document are based on conditions and informat

  10. Chee v Stareast Investment Ltd [pdf, 97 KB]

    ...there should be new valley trays. Messrs Light and Paykel considered that repairing existing valley trays would be sufficient. Mr Paykel said there was no damage directly attributable to problems with the roof. The Tribunal considers there was negligence in the roofing installation by the eighth respondent exposing the claimants to loss by way of likely future damage. XV. CLAIM AGAINST SECOND RESPONDENT, MANUKAU CITY COUNCIL Building Permit Failures [73] The claim...