29 Jan 2020
BARTLE GROUP LIMITED v NEW ZEALAND TRANSPORT AGENCY & ANOR [2020] NZHC 35 [29 January 2020]
- Citation
- [2020] NZHC 35
- Court
- High Court
Clause 3.14(11) of the VDAM Rule must be interpreted objectively: a HVRS vehicle may tow a disabled heavy motor vehicle to the nearest safe area determined by objective factors in the clause (traffic volume, vehicle load, ability to undertake repair safely at the roadside off the roadway). The Health and Safety at Work Act does not alter or expand the scope of the VDAM exemption. The Court has jurisdiction to entertain declaratory relief but, exercising its discretion, declines to grant the broad, hypothetical declaration sought given the absence of a specific factual context and existing rel…