Disputes between parties who have a registered interest under an easement, which cannot be resolved between the parties are to be referred to arbitration (Land Transfer Regulations 2002, Schedule 4, clause 14
Clause 14 provides for the following process to be adopted:
- the party initiating the dispute must provide full written particulars of the dispute to the other party;
- the parties must promptly meet and in good faith try to resolve the dispute using informal dispute resolution techniques, which may include negotiation, mediation, independent expert appraisal, or any other dispute resolution technique that may be agreed by the parties;
- if the dispute is not resolved within 14 working days of the written particulars being given (or any longer period agreed by the parties):
- the dispute must be referred to arbitration in accordance with the Arbitration Act 1996; and
- the arbitration must be conducted by a single arbitrator to be agreed on by the parties or, failing agreement, to be appointed by the President of the New Zealand Law Society.
How can NZDRC help?
We can assist you by providing mediation
, expert determination
, early neutral evaluation
, or arbitration
services to resolve your easement dispute.
To proceed with NZDRC, the parties will need to agree to adopt our processes
. NZDRC is entirely neutral - it is not an advocate for any party. We would be happy to discuss our processes and services with you, the other party, and/or your advisers.
If the parties wish to proceed, they can nominate their dispute resolution specialist of choice from our panels of arbitrators
, and evaluators
, or they can agree for NZDRC to make that appointment.
Benefits of choosing NZDRC
- NZDRC has recognised and established procedural rules available to provide consistency and certainty for parties and their advisers.
- NZDRC scrutinises all awards, determinations, and evaluations before they are issued, ensuring those decisions are of the highest possible standard.
- NZDRC has only the most experienced professional arbitrators, experts, evaluators, and mediators on its panels from NZ, Australia, and around the world, providing the broadest base of expertise and experience.
- NZDRC's experienced registrars provide a highly efficient, comprehensive, and professional case management and administration service.
- Appointments are typically made within 24 hours following receipt of an online application form and security for the process selected.
- NZDRC provides fixed fee services for low value claims and capped arbitration services across the board.
- NZDRC is committed to resolving disputes fairly, promptly, and cost effectively.