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Natural Environment Bill

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

331: Matters may be determined by arbitration

You could also call this:

"Some disagreements can be solved by an independent arbitrator if everyone agrees."

Illustration for Natural Environment Bill

You can ask for a matter to be decided by arbitration if you cannot agree with others about something. You must all agree to arbitration and the Environment Court must approve it under the Arbitration Act 1908. The court will decide the terms and conditions of the arbitration. If the Environment Court agrees to arbitration, you cannot appeal the decision without the court's permission. The arbitrator has the same powers as the person who made the original decision and can confirm, amend, or cancel it. You can still choose to arbitrate other disputes that arise under this Act, unless it says otherwise. There is one exception: you cannot ask for arbitration for matters related to a proposed natural environment plan.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1539834.

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

331Matters may be determined by arbitration

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

  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 1908, 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 matter relating to a proposed natural environment plan.

      2. Where 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.

      3. 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 permit authority who made that decision; and may, in his or her award, confirm, amend, or cancel any such decision accordingly.

      4. 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.