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Planning Bill

Enforcement and other matters - Miscellaneous - Matters may be determined by arbitration

290: Matters may be determined by arbitration

You could also call this:

"Solving disputes through a neutral decision-maker"

Illustration for Planning Bill

If you cannot agree on something with others, you can ask the Environment Court to let you solve the problem through arbitration. This means a neutral person will make a decision for you, following the Arbitration Act 1996. The court will decide the terms and conditions of the arbitration. If you want to use arbitration, you and the others involved must all agree to it. You can only use arbitration for certain types of problems, not for things like proposed designations or land use plans. If the court says you can use arbitration, you cannot appeal the decision without the court's permission. The arbitrator has the power to make decisions like the original decision-maker, and can confirm, change or cancel their decision. You still have the right to use arbitration for other problems, even if it is not mentioned in this section.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1532557.

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Part 6Enforcement and other matters
Miscellaneous: Matters may be determined by arbitration

290Matters may be determined by arbitration

  1. Except as provided in subsection (2), if—

  2. any persons are unable to agree about any matter in respect of which any of those persons has a right of appeal under this Act; and
    1. every person who has such a right of appeal agrees—
        1. any of those persons may apply to the Environment Court for an order authorising the matter to be determined by arbitration, under the Arbitration Act 1996, on such terms and conditions as the court considers appropriate.

      1. No person may apply to the Environment Court for an order under subsection (1) in relation to any of the following matters:

      2. any matter relating to a proposed designation or designation:
        1. any matter relating to a proposed land use plan.

          1. If an order under subsection (1) is made, no person may, in relation to the matter to which the order relates, lodge or proceed with any appeal without the leave of the court.

          2. Subject to the terms of any order made under subsection (1), the arbitrator has the same powers, duties, and discretions in respect of any decision to which the order relates as the consent authority who made that decision and may, in their award, confirm, amend, or cancel any such decision accordingly.

          3. Except as otherwise expressly provided, nothing in this section limits the right of any persons to refer to arbitration any disputed matter arising under this Act.