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Fisheries Act 1996

Performance of services by approved organisations - Transfer of property, rights, and obligations to chief executive

296N: Resolution of disputes regarding compensation

You could also call this:

"Solving disagreements about compensation payments"

Illustration for Fisheries Act 1996

You might have a dispute with the Minister about how much compensation you get under section 296M. The dispute must be referred to arbitration. The Arbitration Act 1996 applies to this arbitration. You and the Minister can agree on an arbitrator. If you cannot agree, the President of the New Zealand Institute of Valuers Incorporated will choose one. You and the Minister can still resolve the dispute before or after arbitration. If you agree after the arbitration award, the award is cancelled.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM399541.

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"Getting paid if the government takes your property"

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Part 15APerformance of services by approved organisations
Transfer of property, rights, and obligations to chief executive

296NResolution of disputes regarding compensation

  1. If there is any dispute or difference between the Minister and a specified person as to the amount of compensation payable to the person under section 296M, the matter must be referred to arbitration, and the Arbitration Act 1996 applies accordingly.

  2. For the purposes of any such arbitration, this section is a submission to arbitration within the meaning of the Arbitration Act 1996, and the reference is to 1 arbitrator, who is to be appointed—

  3. by agreement between the Minister and the specified person; or
    1. if the Minister and the specified person fail to agree, by the President of the New Zealand Institute of Valuers Incorporated.

      1. Despite subsection (1), the parties may resolve the dispute or difference either before or after the matter is submitted to arbitration, and, if the agreement is made after the date of any award of arbitration, the award is cancelled.

      Notes
      • Section 296N: inserted, on , by section 65 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).