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Showing content with the highest reputation on 26/02/24 in all areas

  1. That's why we have ACC. Before ACC, the victim would have to raise a civil case against the other party. This was expensive and had no guarantee of legal success, let alone financial compensation.
    2 points
  2. Its not a perfect system but I'm told by my American friends the alternatives are far worse, ie you have a very litigious society and insurance gets way more expensive.
    1 point
  3. There's nothing to suggest this was a "deliberate" act. That's would be a very high bar to pass. He plead guilt to dangerously operating a vessel. That's a far cry from deliberating ramming your vessel into another. He didn't purposefully set out to ram the ferry. It was not a deliberate act
    1 point
  4. New Zealand has ACC. While ACC is often unfair to the victim and victims often end up worse off, that's just the way it is. Our ACC is considered world leading and is envied by the developed world.
    1 point
  5. It is good to have some contract wording. Thanks for that. What I'm not aware of is the other points you make. Are they in the public realm? (as in, reported in the media or something?) I guess what I am asking is if they are established facts of the case (not contesting what you are saying, I'm just not aware of them). An example I was thinking of where a guy got charged with recklessness was a fizz boat over Whitianga way, pranged into an island in the dark. He was effectively lost, but did not slow down, still going full tilt. That was deemed reckless cause he knew he was lost, ha
    1 point
  6. Wording from a Vero boating policy, exclusions: "damage deliberately caused by the wrongful or reckless acts or wilful misconduct of any insured person;" If I were an inusurer, I would claim that navigating among other craft at several times the speed limit while not at the wheel or in control of hte boat qualifies as wilful misconduct. They may get hung on the "deliberately" bit and a lack of oxford commas.
    1 point
  7. He was remanded at large and will be sentenced in June. The charges are laid under the collision prevention rules of the Maritime Transport Act 1994 and carry a maximum penalty of 12 months’ jail or a $10,000 fine. He hasn't been fined yet. He could get jail time.
    1 point
  8. Hi Aard, agree he's up for heaps however that's not what the law should take into account. Unbelievable that a man loses his boat and suffers severe health consequences and this guy who caused it gets a $10,000 fine. Recompense for the ferry guy? Apart from insurance on the ferry? What about his costs for on going health issues, loss of income, etc, etc?
    1 point
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