Search Results

1. TB v TN & LN [2024] NZDT 50 (14 February 2024) [pdf, 171 KB]

   ...damage to the applicant’s car. This was in the applicant’s driveway. The applicant says the second respondent, LN was responsible, and was driving TB’s vehicle which collided with a pole. TN is LN’s mother. 2) The relevant law is the law of negligence. The issues to be determined by the Tribunal are: a) Was LN responsible for the damage to the applicant’s car set out in the claim? b) If so, what would be a reasonable sum to award the applicant for compensation? c) If LN is re...

2. XS v UQ [2024] NZDT 132 (19 March 2024) [pdf, 184 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 132 APPLICANT XS RESPONDENT UQ APPLICANT'S INSURER (if applicable) B Ltd The Tribunal orders: UQ is to pay $8,100.42 to B Ltd by 7 April 2024. Note: The parties appeared by teleconference for the hearing. UQ was disconnected from the call after being warned about her continuous use of offensive language and her i

3. SU & WH v BT [2024] NZDT 79 (26 February 2024) [pdf, 102 KB]

   ...GST. 3. The issues to be determined are: a. Was BT responsible for the collision? b. If so, what are the reasonable costs associated with the collision that she ought to pay? Was BT responsible for the collision? 4. Under the law of negligence, drivers must take care not to drive in a manner that causes damage to another vehicle. The Land Transport (Road User) Rule 2004 sets out the rules that drivers must obey. Rule 2.1 provides that unless that rule provides otherwise, dri...

4. Public-Place-Amendment-Paper_FINAL.pdf [pdf, 571 KB]

   ...Alida Mercuri, General Manger, Criminal Justice Policy, Ministry of Justice Purpose 1. This aide-memoire outlines: • Crown Law’s advice about how the gang insignia display offence applies when insignia are displayed from inside a private vehicle in a public place, • the implementation implications of this advice for Police, and • options for next steps on the Gangs Bill. Key messages 2. The Gangs Bill seeks to criminalise the knowing display of gang insignia in a publ...

5. BT v HT [2024] NZDT 353 (7 May 2024) [pdf, 138 KB]

   ...his insurer had declined the claim. The insurer could not be contacted for the hearing because it had not supplied a phone number suitable for a teleconference hearing. The absence of a party does not prevent the hearing going ahead. 4. The tort of negligence applies 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 Act 1988 and the Land T...

6. DE v SC [2023] NZDT 499 (10 October 2023) [pdf, 205 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 499 APPLICANT DE RESPONDENT SC APPLICANT'S INSURER (if applicable) J Ltd The Tribunal orders: The claim is dismissed. Background 1. SC and DE were involved in an accident at the intersection of [Street 1] and [Street 2] on 26 November 2022. 2. The accident took place at night, in rainy condition

7. GB v B Ltd & Ors [2024] NZDT 604 (24 May 2024) [pdf, 95 KB]

   ...is responsible for the collision? b. If so, are the costs claimed reasonable to put the innocent back in the position they would have been if the collision had not occurred? Which party is responsible for the collision? 5. 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. The Land Transport (Road User) Rule 2004 (LT Rule) states the rules that all drivers must abide by....

8. NQ v T Ltd [2024] NZDT 598 (9 August 2024) [pdf, 178 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 598 APPLICANT NQ RESPONDENT T Ltd APPLICANT'S INSURER (if applicable) J Ltd The Tribunal orders: NQ is to pay $1328.83 to T Ltd on or before 6 September 2024; and The claim is dismissed. Reasons 1. NQ and T Ltd’s driver, Mr C, were involved in a minor motor vehicle collision while driving on the southern moto...

9. CK & QK v XL [2024] NZDT 265 (25 January 2024) [pdf, 177 KB]

   ...reasonable care to prevent foreseeable incidents on [highway] by failing to sweep loose chip off the road and failing to warn road users to slow down? 3. QK claims that the negligent actions of XL resulted in damage to her car. To succeed in a claim of negligence, QK must prove that: a) XL owed a duty of care to her to take reasonable precautions to prevent harm to her car, and b) that XL failed to take reasonable care and breached their duty of care, and CI0301_CIV_DCDT_Orde...

10. EI v TB [2020] NZDT 401 (19 March 2020) [pdf, 130 KB]

    ...making his right turn; (c) if TB is liable to pay to the whole or any part of the amount claimed; and (d) if EI is liable to pay the whole or any part the amount claimed. CI0301_CIV_DCDT_Order Page 2 of 4 [5] The relevant law is the law of negligence and the Land Transport (Road User) Rule (2004) (RUR). Negligence concerns the duty that a person owes another to take care. A driver is negligent if they breach a duty they owe to another driver and cause damage as a result. In suc...