Search Results

1. ZM v TU & D Ltd [2024] NZDT 222 (21 March 2024) [pdf, 191 KB]

   ...company waived its right to notice. 4. The company counter-claims $4,999.00 (uninsured loss) for lost earnings responding to the Disputes Tribunal claim against it and for attending hearing. 5. The issues to be determined are: a. Was TU responsible for the collision? b. If so, did ZM negligently contribute to the cause of the collision? c. If so, is the company vicariously liable? d. If so, what is the reasonable cost to restore ZM’s car back to the position it was in...

2. EC v SX & HN [2023] NZDT 320 (3 August 2023) [pdf, 183 KB]

   ...non-owner, who acts at his or her peril. I therefore find that HN is liable to EC in conversion. 15. Did SX or HN wrongfully take EC’s motorcycle parts? 16. EC bears the onus of proving what parts were stored in the garage, that SX and/or HN were responsible for their loss, and the value of any missing parts. 17. EC produced evidence of the value of certain [motorbike] parts. However, he was unable to produce any evidence that these particular parts were stored in the garage other t...

3. KN & NN v FO Ltd [2024] NZDT 69 (12 January 2024) [pdf, 137 KB]

   ...provider. 13. The clause which discusses liability for loss or damage to FO Ltd’s network is clause 2 which reads: “You agree to pay for repairing or replacing any part of our network which is lost, stolen, or damaged by you or anyone you are responsible for or have control over.” 14. FO Ltd says this clause provides strict liability, meaning that a person is liable for all damage to the FO Ltd network within their property however it is caused, except for damage or defaul...

4. QG v BE [2024] NZDT 96 (13 February 2024) [pdf, 189 KB]

   ...understood the operation of his vehicle or had the skills to drive it. This is particularly so as his car should not have been on the road at all as it was unlicensed and unwarranted. 11. I have considered QG’s view that he should only be held responsible for around 25%, or $1,500.00, of the loss. However I have found that both he and BE are at fault in this situation and I am unable to find that one of them is more at fault than the other. If either of them had chosen to act differe...

5. OIA-121103.pdf [pdf, 815 KB]

   ...your request is refused under section 18(d) of the Act, as the information is publicly available. If you require any further information, please contact Media & Social Media Manager Joe Locke at media@justice.govt.nz Please note that this response, with your personal details removed, may be published on the Ministry website at: Official Information Act responses | New Zealand Ministry of Justice s9(2)(a) s9(2)(a) https://www.corrections.govt.nz/resources/statistics/quarterly_pr...

6. E Ltd v B Ltd [2024] NZDT 757 (17 November 2024) [pdf, 99 KB]

   ...reminding B Ltd workers that he was continuing his work and the camera and cable remained in the drain. When I apply those same example guidelines about reasonable care, this seems like a sensible and reasonable thing to do in circumstances where you are responsible for such a valuable piece of equipment. If so, are E Ltd and J Ltd entitled to $3,401.83 as claimed? 12. A person who breaches a duty of care causing damage to another person’s property must pay the cost of putting t...

7. Te Whiu v Taituha - Te Tii A Māori Reservation (2024) 278 Taitokerau MB 82 (278 TTK 82) [pdf, 216 KB]

   ...interest. I directed Mr Taituha to file a copy of the minutes from the trustee meeting where this was approved. I also directed that:2 (a) Ms Te Whiu was to file any further submissions by 11 June 2024; (b) Mr Taituha was to file any submissions in response by 18 June 2024; and (c) I would make a decision on the papers. [4] Mr Taituha filed a copy of the minutes as directed. On 10 June 2024, Ms Te Whiu contacted the Registrar advising that she was going to instruct counsel. Sh...

8. NI v Q Ltd [2024] NZDT 407 (4 April 2024) [pdf, 200 KB]

   ...time it would take to carry out the move? b. Was that breached? c. If nothing was agreed, what was a reasonable time? d. Was that breached? e. If there was a breach of the agreed time, or reasonable time, what remedy is appropriate? f. Is Q Ltd responsible for damage to NI’s couch or mattress? What, if anything, was agreed about the time it would take to carry out the move? Was that breached? 5. A contract is a legal agreement between two parties, and the terms of the contract a...

9. Timeframes

   ...granted. The longer timeframe for cases involving category 3 and 4 offences accommodates particular features of these types of proceedings. Cases involving category 4 offences must transfer to the High Court after first appearance and the Crown must assume responsibility as prosecutor. In cases involving category 3 offences, the defendant may wish to consider whether or not to elect jury trial if they intend to enter a not guilty plea. Time of case review Following the entry of a not guilty ple...

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10. Review progress reports

    ...2017: Progress Report No 3 25 November 2022 Public engagement Public engagement has ended for the Review of the Intelligence and Security Act 2017 (the Act). We received 119 completed submissions from the online survey, and 22 written submissions. The responses provided valuable insight into peoples’ views on the Act, perceived issues with the Act and possible legislative solutions. You can find out more about the public engagement process and read a summary of the findings from the publ...

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    4. 2022 periodic review of the Intelligence and Security Act 2017