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1. CT v XH 2014 NZDT 736 (2 September 2014) [pdf, 120 KB]

   ...prudent driver by failing to give way? b. If so, what are the reasonable costs of the damage caused that XH is required to pay? Did XH fail to drive to the standard of a reasonable and prudent driver by failing to give way? [4] The law of negligence imposes a duty of care on all drivers, which requires all drivers to drive to the standard of a reasonable and prudent driver. This standard can be ascertained by referring to the Land Transport (Road User) Rule 2004. That Rule state...

2. BW v HN [2024] NZDT 296 (30 April 2024) [pdf, 91 KB]

   ...as follows: a. Was HN responsible for the collision? b. If so, are the costs claimed reasonable to put BW back in the position she would have been had the collision not occurred? Was HN responsible for the collision? 4. Under the law of negligence all drivers owe other road users a duty of care. Drivers must take care not to drive in a manner that causes damage to another vehicle. 5. At the hearing BW stated that she was driving towards the exit, following a line of other car...

3. B Ltd v DT [2023] NZDT 741 (22 December 2023) [pdf, 175 KB]

   ...there a contract between DT and B Ltd? (ii) If yes, then did DT breach her obligations by failing to return the car in its original condition. To determine this, we need to determine whether the engine failure was due to DT’s daughter driving negligently or an inherent defect of the vehicle? (iii) If there is a breach of contract then what loss has B Ltd suffered? Was there a contract between DT and B Ltd Ltd? 5. The relevant law is the Contract and Commercial Law Act 2017....

4. ET v TM [2023] NZDT 453 (21 August 2023) [pdf, 178 KB]

   ...repairs to [car 1] of $6,017.15. There were no uninsured losses. 3. The issues to be determined are: a) Who was responsible for the collision? b) What sum, if any, is TM liable to pay? Who was responsible for the collision? 4. The tort of negligence requires payment of compensation when someone breaches a duty of care to another person causing foreseeable damage. Drivers have a duty of care towards other drivers, which includes compliance with the provisions of the Land Transport A...

5. UQ & XQ v B Ltd & BT [2023] NZDT 743 (8 December 2023) [pdf, 188 KB]

   ...losses recoverable that may not be direct but are consequential and foreseeable? 5. When one person breaches their duty of care as a driver, they are liable for the costs of repair and other costs which are permitted to be claimed by the law of negligence. 6. The Applicants were charged an amount for the rental car while their car was being repaired. It took C Ltd an unusually long time to repair the vehicle. The Applicants insurance policy with C Ltd did not include a rental car...

6. IZ v JZ & LZ [2024] NZDT 303 (25 March 2024) [pdf, 202 KB]

   ...breaches IZ sought compensation for dated from 2019 until 24 January 2023, when she finally obtained full ownership of the property as a result of the court order of 9 April 2021. She also sought compensation for damage done to the property either negligently or deliberately by JZ (or his agents) up until the time he (or his agents) removed his remaining chattels from the property in June 2023. IZ further sought to claim for lost rental income for the period of 24 January 2023 to 27 April...

7. [2011] NZEmpC 49 Katz v Mana Coach Services Ltd [pdf, 143 KB]

   ...she was involved in an accident at an intersection in Paraparaumu when she appeared to cut the corner while turning her bus to the right from Golf Road into Martin Road. Her bus collided with and scraped along the front of a Mitsubishi motor vehicle being driven by Mr Ian Phillips. Mr Phillips‟ vehicle was stationary in Martin Road waiting to cross over the intersection. [3] Later that same day, Ms Katz completed an insurance motor accident claim form for the defendant in whi...

8. People remanded on bail or at large and offending on bail or at large June 2022 [xlsx, 278 KB]

   ...injury 12,004 11,016 9,628 10,369 10,744 10,647 10,244 10,074 9,429 8,944 17% 17% 16% 17% 17% 17% 17% 17% 17% 17% Total 03: Sexual assault and related offences 1,045 1,057 958 1,025 1,050 1,044 1,037 1,071 1,133 1,275 1% 2% 2% 2% 2% 2% 2% 2% 2% 2% Total 04: Dangerous or negligent acts endangering persons 4,129 4,014 3,800 3,914 4,538 4,508 4,641 4,323 3,651 3,538 6% 6% 6% 6% 7% 7% 8% 7% 7% 7% Total 05: Abduction, harassment and other offences against the person 1,281 1,209 1,077 1,287 1,506...

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

   ...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 2018/2019 had assault (acts intended to cause injury) as their most serious offence; 17% had an 'offence against justice' (eg breach of c...

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

    ...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 had assault ('acts intended to cause injury') as their most serious offence; 20% had an 'offence against justice' (eg br...