Search Results

1. FT v X Ltd [2024] NZDT 708 (20 August 2024) [pdf, 125 KB]

   ...neighbouring property was not a retaining wall. It said it was constructed of small half-rounds that provided no retaining strength and that, as the intended concrete driveway would run up against the boundary, the “fence would not have coped”. X Ltd said vehicle access to the site was now an issue (although it proved not to be). 6. On 28 June, FT emailed X Ltd disputing that the retaining wall would have needed to be replaced. She said the suitability of the retaining wall had not be...

2. BX v FN Ltd [2018] NZDT 1505 (11 July 2018) [pdf, 208 KB]

   ...Although FN Ltd asserted that the television did not cause damage to any other items, there is insufficient evidence to prove that the refrigerator was the only item impacted by the television, or that the damage was not caused by some other instance of negligence in the way FN Ltd loaded, secured, or unloaded the goods. 11. In fact, there is no evidence that anything happened during carriage that was outside FN Ltd’s control, such as an earthquake or another vehicle colliding with the...

3. UI & II v SG [2024] NZDT 224 (6 March 2024) [pdf, 207 KB]

   ...in accordance with finding 12 above, adjusting the area to be repaired from 129sqm to half of 3sqm (using the lower figure of the range and halving it because the damaged panel straddles the parties’ boundary approximately equally), results in a negligible cost ($29.90). Clearly, actually repairing the cracked panel would have involved a higher cost than that, but the low cost reveals that it was not economic to do so because the driveway was at or near the end of its expected life. Gi...

4. Auckland Standards Committee 3 v PL [2016] NZLCDT 12 [pdf, 59 KB]

   ...beyond the punitive consequences that the respondent had already suffered. [9] In support of that submission he stressed the following: (a) The respondent had also faced charges of an extremely serious kind being misconduct or in the alternative negligence or incompetence in his professional capacity reflecting on his fitness to practise or as to bring his profession into disrepute. Those charges failed. (b) The Tribunal should take into account the cost and stress of the proce...

5. E & F Ltd v TA Ltd [2018] NZDT 1594 (3 April 2018) [pdf, 197 KB]

   ...to E & F Ltd’s property? b. If yes, was the damage foreseeable? c. If yes, is the amount claimed reasonable? Has TA Ltd breached its duty of care and caused damage to E & F Ltd’s property? 3. The relevant law is the law of negligence relating to damage to property. A finding of negligence requires that there is a duty of care, a breach of that duty, and damage as a direct result of that breach. CI0301_CIV_DCDT_Order Page 2 of 5 4. E & F Ltd states tha...

6. 22.-Evidence-of-Mr-Andrew-Curtis-Air-Quality.PDF [PDF, 1.6 MB]

   ...Potential Effects from Concrete Dust ................................................................. 15 Potential Need for House Cleaning ................................................................... 16 Potential effects of vehicle emissions from vehicles once Ō2NL is operational .. 17 Concerns about effects on free range chicken farm ........................................... 18 COMMENTS ON THE COUNCIL REPORTS ........................................................ 19 Section...

7. BU v NPU [2023] NZDT 327 (30 June 2023) [pdf, 244 KB]

   ...no harm inflicted by the impact, there was emotional distress and humiliation suffered by the participants. BU says NPU did not exercise any standard of care in these circumstances as EX should have come to a slow and gentle stop. They say NPU was negligent. CI0301_CIV_DCDT_Order Page 2 of 5 5. EX (representing NPU) confirmed he was the driver of the truck. He says he left the wharf slowly, under 10kph as the road is potholed, narrow and has overhanging trees. LN (another NPU staff...

8. Māori Trustee v Forde – Section 186 Block V Longwood Survey District (2013) 17 Te Waipounamu MB 152 (17 TWP 152) [pdf, 206 KB]

   ...[17] The beach road is also accessed from the point Garden Road meets the coast. A short access track runs off Garden Road down to the beach over sand, earth and other material. There is no formed road-way on the beach although there are signs of vehicle tracks on the top part of the beach. Most if not all the beach road appears to be below the mean high water mark. [18] The exit point nearest to Section 186 is up a reasonably steep ramp constructed in 2009 from stones and boulders...

9. All charges and convicted charges December 2018 [xlsx, 874 KB]

   ...offences 982 821 956 972 1,270 1,289 1,491 1,774 1,977 2,202 2,272 2,936 3,858 4,887 5,195 4,995 5,260 4,828 4,680 4,006 3,839 4,068 4,395 4,819 4,343 4,509 4,918 4,474 4,655 4,826 5,372 5,023 5,524 5,883 5,244 5,707 5,502 5,501 5,552 04: Dangerous or negligent acts endangering persons 15,069 18,581 20,159 20,956 22,302 22,367 24,148 25,476 24,507 24,427 22,449 22,867 21,474 19,240 19,438 22,067 20,717 18,446 19,659 18,585 17,221 16,723 17,716 17,954 18,848 19,223 20,265 21,756 21,576 20,579 1...

10. People found unfit to stand trial or not guilty by insanity June 2018 [xlsx, 77 KB]

    ...division) 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 2016/2017 2017/2018 01: Homicide and related offences 3 3 2 5 2 4 2 2 4 3 02: Acts intended to cause injury 61 63 51 99 93 90 94 98 203 169 03: Sexual assault and related offences 19 30 48 17 27 42 143 56 81 72 04: Dangerous or negligent acts endangering persons 3 1 6 4 4 5 6 11 11 16 05: Abduction, harassment and other offences against the person 13 8 16 23 24 14 28 23 34 37 06: Robbery, extortion a...