Search Results

1. KN v ID Inc [2021] NZDT 1527 (13 August 2021) [pdf, 216 KB]

   ...a. Did the respondents owe a duty of care? b. Was that duty breached? c. If so, did the breach cause the damage and was it foreseeable? d. What is the reasonable cost of repairing the damage? Did the respondents owe a duty of care? 4. In a negligence claim four elements must be proven. The first is the duty of care. A duty of care arises when parties are in close proximity to each other and it is reasonably foreseeable that if a standard of reasonable care is not adhered to then th...

2. E Ltd & W Ltd v TN [2024] NZDT 712 (30 August 2024) [pdf, 103 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 712 APPLICANT E Ltd RESPONDENT TN APPLICANT'S INSURER W Ltd The Tribunal orders: TN is to pay W Ltd $18,119.50 on or before 27 September 2024. Reasons 1. On about 11 September 2023, KI, a property manager for [the Property Management Company], was driving the car owned by the Applicant out of the driveway of a rental pro

3. B Ltd v IC [2018] NZDT 1540 (20 August 2018) [pdf, 88 KB]

   ...it considered the pre- collision value of its car to be. [3] I have to decide: (a) if the collision was caused by IC failing to take sufficient care; and (b) whether IC is liable to pay the amount claimed. [4] The relevant law is the law of negligence. Negligence concerns the duty that a person owes another to be careful. A driver is negligent if they fail to be careful and another party suffers a loss as a result. However, the duty on a driver to be careful is not absolute. When a...

4. SD v O [2023] NZDT 237 (18 August 2023) [pdf, 197 KB]

   ...damage was not immediately obvious and therefore he did not have a specific location for the pothole or the date the damage occurred. 3. SD is seeking $410.22 as compensation for the repair costs to his wheel. 4. SD’s claim is based on negligence. Negligence concerns the duties that O owes another to take care. Negligence requires four elements to be proven; (i) that a duty of care exists between the parties; (ii) that there was a breach of the duty; (iii) that the damage suf...

5. Final-Technical-Assessment-K-Freshwater-Ecology-v2.pdf [pdf, 2.6 MB]

   ...Page 4 (b) “Moderate” – ten sites (Stream 39, Stream 39.1, Kuku Stream, Stream 29, Stream 27.1, Stream 19, Stream 17, Stream 18, Manakau Stream, and Waiauti Stream) (c) “Low” – all other permanently flowing streams. (d) “Negligible” – ephemeral waterways. Assessment of effects 6. The actual and potential effects of the Ō2NL Project on freshwater ecology were assessed separately for the construction phase (generally short-term effects) and operational p...

6. ABZ and ACA Ltd v ZYE and ZYD Ltd [2013] NZDT 93 (25 March 2013) [pdf, 81 KB]

   ...directions. Issue [4] The issue for consideration is whether ABZ and her insurer, ACA Ltd, have a right to receive $1,307.26, assessed repair costs, for the first event. Law [5] The relevant law is the law of tort in the area of negligence. There is no dispute regarding liability for the first event; therefore, the road rules based on the Land Transport 1998 and the Land Transport (Road User) Rule 2004 do not need to be considered. Decision [6] The Tribunal h...

7. ENVC Hearing 6Oct14 WML reply Mark Appeldoorn final [pdf, 717 KB]

   ...within the keyhole area occur within the same “system”. They are subject to the interactive effects, restrictions and constraints that define that operating system. b. Therefore, while the specific measurement was of the travelling times of vehicles passing through the system, they are, by virtue of the frequency of recording, a reasonable indicator of the travel times, and change in travel times experienced by all vehicles in the system, including public transport. c....

8. ENVC Hearing 6Oct14 WML reply Mark Appeldoorn tracked [pdf, 718 KB]

   ...within the keyhole area occur within the same “system”. They are subject to the interactive effects, restrictions and constraints that define that operating system. b. Therefore, while the specific measurement was of the travelling times of vehicles passing through the system, they are, by virtue of the frequency of recording, a reasonable indicator of the travel times, and change in travel times experienced by all vehicles in the system, including public transport. c....

9. ENVC Hearing 6Oct14 WML rebuttal Mark Apeldoorn [pdf, 718 KB]

   ...within the keyhole area occur within the same “system”. They are subject to the interactive effects, restrictions and constraints that define that operating system. b. Therefore, while the specific measurement was of the travelling times of vehicles passing through the system, they are, by virtue of the frequency of recording, a reasonable indicator of the travel times, and change in travel times experienced by all vehicles in the system, including public transport. c....

10. PV v OS & B Ltd [2023] NZDT 172 (3 May 2023) [pdf, 105 KB]

    CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 172 APPLICANT PV RESPONDENT OS SECOND RESPONDENT B Ltd APPLICANT'S INSURER (if applicable) J Ltd The Tribunal orders: OS and B Ltd is to pay J Ltd $3,922.28 by Wednesday 7 June 2023. Reasons Background 1. PV was in the left hand lane at a roundabout and OS was on the right lane at th