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Please find below a summary of our dispute resolution service.  If you require any further information, or if you have any questions, please contact us.

ARBITRATION, MEDIATION AND CONSTRUCTION CONTRACTS ACT ADJUDICATION

• Have the process managed with fairness and integrity

• Reach a final decision that resolves the dispute

• Minimise delays in reaching the final outcome

• Have the process conducted with confidentiality

The benefits of our services include:

• Process conducted in accordance with Arbitration legislation

• Proceedings conducted in private, with fairness, speed and impartiality

• Extensive construction industry experience

Kevin is a trained, professional arbitrator and mediator and is a fellow of the Arbitrators' and Mediators' Institute of New Zealand.

The following Arbitration Protocol (from The Arbitrators' and Mediators' Institute of New Zealand Inc (AMINZ)) details the processes undertaken throughout an arbitration:

AMINZ ARBITRATION PROTOCOL 

1.00    PREAMBLE

An arbitration is a dispute resolution process which is embarked upon by agreement between the parties.  The dispute or differences between the parties are referred to one or more persons who are appointed by the parties to make an independent and impartial decision.

The objective of the arbitration process is to resolve differences or disputes quickly and economically without the need to issue proceedings through the Court.  The Arbitrators’ and Mediators’ Institute of New Zealand Inc. maintains a Panel of Arbitrators and provides an appointment service for the appointing of suitably qualified and experienced arbitrators.  The Panel of Arbitrators can be found on the Institute’s website at www.aminz.org.nz.

This protocol is designed to provide a method of operation for arbitrators and parties.  It may be adopted or varied by agreement between the parties.  All arbitrations will be accordance with the Arbitration Act 1996.

2.00    INITIATION OF ARBITRATION

2.01    If there is an existing valid arbitration clause, one party may give notice to the other party of its intention to arbitrate a dispute or
         difference between the parties.

2.02    If there is no such arbitration clause the parties may agree in writing to refer a dispute to arbitration.

2.03    The party relying on the arbitration clause or requesting arbitration should identify the dispute that is to be referred to arbitration.

2.04    Third parties, such as subcontractors or insurers, may be invited to join the arbitration by agreement between all parties.

3.00    APPOINTMENT OF ARBITRAL TRIBUNAL

3.01   If the arbitration clause or agreement has provided either a nominated arbitrator or a nominated method of appointment of an arbitrator, the parties shall appoint the arbitrator or arbitrators (herein referred to as the arbitral tribunal) in accordance with the clause.

3.02    If there is no nominated arbitrator in the agreement to arbitrate, the parties may appoint one.  The arbitrator should be suitably qualified in arbitration and have any other qualifications required by the parties.

3.03    If the parties are unable to agree upon an arbitral tribunal the parties agree that the President of the Arbitrators' and Mediators’ Institute of New Zealand Inc., or the President’s nominee, will appoint the arbitral tribunal. Either party may request in writing that the President appoint the arbitrator or arbitrators.

3.04   The proposed arbitrator or arbitrators will have no interest in the matters in dispute and prior to accepting the appointment, will disclose any dealings or acquaintance with any of the parties to the dispute and any knowledge of the dispute, thereby giving either party the opportunity to object to his or her appointment.

3.05   The appointment will not be complete until it has been agreed by the parties in writing and accepted in writing by the nominated arbitrator or arbitrators.

4.00    ROLE OF THE ARBITRAL TRIBUNAL

4.01   The arbitral tribunal is an independent decision maker and is not an advocate for any party.  The tribunal will act impartially, fairly and objectively, and will treat each party fairly.  The tribunal will not discuss the issues or any matter relating to the dispute with one party in the absence of the other party.  The tribunal may, however, telephone the parties in relation to procedural matters, provided both parties receive the same message.  The tribunal will not hear evidence in the absence of one party without the written agreement of that party except where, following written notice of the hearing, one party fails to appear.  An arbitrator who has been appointed because of that person’s specialist knowledge will be entitled to use that specialist knowledge in a fair and open manner for the purpose of deciding the issues referred.

4.02   The arbitral tribunal will conduct the reference without undue delay and will commence and conclude the arbitration as promptly as is appropriate in the circumstances.

4.03   The arbitral tribunal will decide all the issues referred and will not delegate any part of the decision making process to any other person.

4.04   Unless the parties agree otherwise, the arbitral tribunal shall decide all disputes according to the rules of law.  If the parties are unable to agree on procedural matters, the tribunal shall have the power to make directions as appropriate.

5.00    REPRESENTATION AND ATTENDANCE

5.01   Each party may elect to have legal representation or to be represented by some other person.  The names and addresses of such persons shall be communicated in writing to the arbitral tribunal and to the other participants.

5.02   Each party or its representative will assist in the proper conduct of the reference and will cooperate with the tribunal throughout the process.

5.03    Other persons may attend the preliminary meeting or the hearing only with the consent of all parties.  Consent is normally given to advisers such as legal, managerial, technical or resource persons to attend.  If the parties are unable to agree, then the arbitral tribunal may decide whether or not such advisers should be permitted to attend.

6.00    PRELIMINARY MEETING

6.01   The parties will co-operate with the arbitral tribunal in attending a preliminary meeting, either by telephone conference, or in person, or through their advocates.

6.02   The purpose of the preliminary meeting is to agree on the steps which need to be completed prior to the hearing and on a procedure for the conduct of the hearing.  The steps to be completed prior to the hearing will be by way of an agreed timetable.  The parties will co-operate in agreeing to a timetable and in agreeing to the procedure for the conduct of the hearing.  In the absence of agreement, the arbitral tribunal will make a decision about how to proceed.

6.03    During the preliminary meeting, the parties will make provisions for the arbitrator’s costs.  A deposit for the estimated costs of the arbitrator should be deposited in the AMINZ stakeholder account.

6.04    Following the preliminary meeting, the parties will follow the agreed (or determined) timetable and procedure without undue delay.

7.00    DOCUMENT DISCLOSURE PRIOR TO THE HEARING

7.01   Prior to the hearing, the parties will disclose all relevant documents to each other and unless otherwise agreed or directed by the arbitral tribunal, will provide points of claim and response to the tribunal and to each other.

7.02    All documents or correspondence sent to the arbitral tribunal by one party will be copied and sent to the other party.

7.03    The parties will prepare an agreed bundle of documents.

8.00    CONDUCT OF THE HEARING

8.01   The conduct of the hearing will be as agreed between the parties and failing agreement, as the tribunal thinks fit, in accordance with the rules of natural justice.

8.02    The hearing will be convened at a time, date and place reasonably determined by the arbitral tribunal.

8.03   The parties will co-operate throughout the hearing with the arbitral tribunal and will comply with the tribunal’s directions to attend meetings or hearings and to provide documents, information and written submissions.

8.04   No member of the arbitral tribunal will, without the prior written agreement of the parties, obtain from any person who is not a participant, advice or opinion on any aspect of the dispute.  The tribunal may seek independent legal advice.  Although it is not essential, the tribunal should endeavour to obtain the agreement of the parties to so consult and whom to consult.

8.05    During the hearing of the issues, the members of the arbitral tribunal may ask questions of the parties or witnesses and may ask the parties to exchange or further explain their submissions.  The tribunal may ask for written submissions on any question which arises and in respect of which the parties have not already agreed to provide written submissions.

8.06   The tribunal will ensure that the parties have an adequate opportunity to be heard in the presence and with the knowledge of the other party.

9.00    CONFIDENTIALITY

9.01    Arbitration is a private procedure.  The parties and the arbitral tribunal shall maintain privacy and will not divulge any aspect of the arbitration to the media or others not involved with the process without the prior agreement of the parties.  The tribunal may require any parties or witnesses to sign a confidentiality agreement.

10.00    FINALITY

10.01    The parties agree that the decision of the arbitral tribunal will be final and binding and that they will not seek recourse of the
            Courts other than as agreed.

11.00    COSTS AND FEES

11.01     The parties agree to pay the arbitral tribunal’s fee as directed.

11.02    The arbitral tribunal’s fee will be charged on an hourly or a daily basis at the rate.  The parties agree to pay GST on the fee
            and any expenses reasonably incurred by the tribunal in connection with the arbitration.

11.03    The tribunal may from time to time invoice the parties for fees and expenses incurred and may require a payment
            by way of security for future fees and expenses.  All invoices will be paid within 14 days.

11.04    The tribunal may require payments by way of security to be deposited into the stakeholder account of the
           Arbitrators' and Mediators’ Institute of New Zealand Inc., P O Box 1477, Wellington, New Zealand.

11.05    The tribunal may charge a reasonable fee following cancellation or disruption of the hearing.

11.06    The parties will pay equally any amounts invoiced by the tribunal, unless otherwise agreed between the parties. 
           Payments made will be subject to adjustment between the parties in terms of the award.

11.07    The parties agree to pay the tribunal’s fee (or any unpaid balance) within 14 days of being notified that the
           award is available for uplifting.

12.00    THE AWARD

12.01    The award will be made available without any undue delay and the tribunal will publish the award within 3
           months of the conclusion of the hearing or within such extended time as the tribunal may reasonably require. 
           The tribunal may, where appropriate, issue an interim or partial award.

12.02    The parties may require the tribunal to provide reasons for the award, and to include the reasons in the award,
           or to expressly provide that the reasons are not to be included in the award.  Alternatively, the parties may
           require the tribunal to provide an award without reasons.

13.00    CHALLENGE TO THE AWARD

13.01    If a party takes steps to challenge the award, no member of the arbitral tribunal will be named as a party to the
           proceeding, unless the basis of the challenge is bad faith, bias, or dishonesty.

14.00    EXCLUSION OF LIABILITY

14.01   Any comments, recommendations or assessments by the arbitral tribunal or any member of the tribunal are not
           intended to be relied upon as professional advice.

14.02   The Arbitrators' and Mediators’ Institute of New Zealand Inc. shall not be liable to any person, including the
           parties, for any act or omission including negligence or breach of confidentiality for any action taken or advice or
           information provided in relation to the arbitration, or for any other matter arising out of the arbitration or the
           award.  Each of the parties agrees to indemnify the members of the Arbitrators' and Mediators’ Institute of New
           Zealand Inc. in respect of any such claim.

14.03    The arbitral tribunal shall not be liable to any person, including the parties, for any act or omission including
           negligence or breach of confidentiality for any action taken or advice or information provided in relation to the
           arbitration, or for any other matter arising out of the arbitration or the award.  Each of the parties agrees to
           indemnify the arbitral tribunal in respect of any such claim.

15.00   SETTLEMENT

15.01    If the parties reach a settlement of the issues in dispute prior to the conclusion of the arbitration, the arbitral
           tribunal may assist in preparing an award which reflects the terms of settlement.

15.02    Settlement of the issues in dispute will terminate the arbitration but will not relieve the parties from their
            obligations to pay the tribunal’s fees and expenses.

16.00    TERMINATION

16.01    The arbitration may be terminated by agreement between the parties, the issue of a final award, or by Court
            order.

16.02    The parties expressly empower the arbitral tribunal to dismiss any claim for want of prosecution.

16.03    Termination of the arbitration at any stage will not relieve the parties from their obligation to pay the tribunal’s
            accrued fees and expenses.

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AMINZ MEDIATION PROTOCOL

 1.00       PREAMBLE

Mediation is a voluntary process in which an independent mediator facilitates negotiation by the parties of their own solution to a dispute, by assisting them to systematically isolate the issues, to develop options and to reach a mutual agreement that accommodates their interests and needs.

The objective of mediation is to enable the parties to resolve the dispute fairly and promptly by agreement without legal proceedings.  This protocol is intended to form part of the contract between the parties and the mediator.  The Arbitrators' and Mediators' Institute of New Zealand Inc. maintains a panel of mediators, which is available on the website at www.aminz.org.nz and can, if requested, assist the parties in selecting a mediator. 

Any part of this protocol can be varied by agreement of the parties and the mediator.

2.00    INITIATION OF MEDIATION

2.01    Any party to a dispute may initiate mediation by written request to another party.  This protocol will apply if the other party agrees
          in writing to the request and both parties agree to its application.

2.02    The party requesting mediation shall define the dispute that is being referred to mediation.

2.03    Others affected by the outcome of the dispute, such as subcontractors and insurers, may also be involved in the mediation, if they are
          invited by any party (and agree in writing to abide by this protocol) and if the other parties agree to their involvement.

3.00    APPOINTMENT OF MEDIATOR

3.01    Unless otherwise provided for, the parties shall together appoint a mediator.

3.02    If no mediator is appointed by agreement, the parties will accept the appointment of a mediator by the President of the Arbitrators'
          and Mediators’ Institute of New Zealand Inc.

3.03    The proposed mediator shall have no personal interest in the matters in dispute and, prior to accepting the appointment, shall
          disclose any dealings or acquaintance with any of the parties or knowledge of the dispute.

3.04    The appointment shall not be complete until agreed to in writing by the parties and accepted in writing by the mediator.

4.00     ROLE OF MEDIATOR

4.01     The mediator is an independent intermediary and not an advocate for any party.  The mediator will act impartially, fairly and
           objectively and treat each party in an even-handed way.

4.02     The mediator shall commence and conclude the mediation as promptly as is appropriate in the circumstances.

4.03     The mediator shall not coerce any party into agreement.

4.04     The mediator shall not make a decision for the parties.

5.00     REPRESENTATION AND ATTENDANCE

5.01     A party may choose to be represented by one or more persons.  The names and addresses of such persons shall be         communicated
           in writing to the mediator and to the other participants.

5.02     The party personally, or a representative (who is the same person throughout) able to answer questions and co-operate in
           developing and agreeing to an acceptable solution to the dispute, shall be present at each meeting.

5.03     Other persons may attend meetings only with the consent of all parties.  Consent would normally be given to advisers, such as
           legal, managerial, technical or resource persons.

5.04    By attending the mediation, the parties represent that they have full authority to settle the dispute unless they otherwise declare.

6.00      SUBMISSIONS AND DOCUMENTS EXCHANGED PRIOR TO MEDIATION MEETINGS

6.01    Any party may send to the mediator a written submission stating briefly the dispute, the relevant facts and its interests and
          concerns.

6.02     The written submission may include written statements of factual or expert information.

6.03     Copies of relevant documents may be attached to any written submission.

6.04    Copies of all submissions and other documents sent to the mediator are to be copied and sent to all other parties.

6.05    Parties may communicate confidential information to the mediator on the condition that it is not communicated to the other party
          without permission.

7.00     CONDUCT OF MEDIATION

7.01    The mediator may conduct the mediation in the manner he or she thinks fit, having regard to the nature and circumstances of the
          dispute and the wishes of the parties.

7.02    The mediator will arrange a timetable and meeting places to suit the convenience of the parties.

7.03    The parties shall co-operate in good faith with the mediator and with each other in attempting to settle the dispute.  They will
          comply with the mediator’s reasonable directions to attend meetings and to provide documents, information and submissions.

7.04    The mediator shall not be bound by any formal procedures or rules of evidence, and may become informed in relation to any
          matter in such manner as he or she thinks fit.

7.05    The mediator may conduct joint and separate meetings with any one or more of the parties.

7.06    During the course of the mediation, the mediator may ask questions of clarification and may request the parties to exchange or
          further explain their submissions.  Generally, the mediator will not offer opinion on the validity of information or submissions,
          except possibly in a separate meeting with the party who provided that information or submission.

7.07    It is usually preferable that the mediator does not provide any assessment of matters in dispute (ie of any factual or legal
          questions, or the likely outcome of any aspect of the dispute).  However, if and when appropriate and if qualified and with prior
          consent of all the parties, the mediator may provide assessments of the perceived merits of some or all of the issues.

8.00     SETTLEMENT

8.01    The mediator does not have the authority to impose a settlement on the parties, but will try to help them reach a mutually   
          acceptable resolution of their dispute.  The parties agree that they have the authority to settle the dispute.

8.02    The scope and terms of settlement which the parties may develop are not necessarily limited by the subject matter of the dispute, by
          any contract, by any rights or obligations of the parties, or by any recommendation of the mediator.  The mediator makes no
          representation that any such agreement between the parties will resemble or equate to any result which might be achieved by
          negotiation or a consented arbitration or trial of the dispute.

8.03    It is preferable for the parties to make a binding commitment to the settlement of the dispute and all parties should take all necessary
          legal advice before the mediation commences and have access to any legal advice during the mediation process.

8.04    Being involved in mediation shall not prejudice any existing legal right of the parties.  However, any settlement agreement may     
          change their legal rights and may be legally enforceable as a contract.

8.05    If the mediator considers the agreement being reached may be impossible to uphold or may be illegal, the mediator should
          recommend to the parties that they obtain independent legal advice.

9.00    CONFIDENTIALITY

9.01    Mediation is a private procedure.  The parties and the mediator shall maintain the confidentiality of the process, and not discuss the
          dispute with the media or others who are not involved with the process.

9.02    At a separate meeting with a party, the mediator may hear information which is to be kept confidential from other parties.  If so,
          provided there is no apparent physical danger to any person or serious criminality involved, the mediator shall keep the information
          confidential and may not disclose it without the consent of the party.

9.03    The mediation shall be without prejudice to the dispute and shall not be referred to or relied upon in any other proceedings.  The
          parties shall not, without the written consent of all other parties, introduce as evidence in any other proceedings:

 Ø            documents prepared for the mediation

 Ø            admissions made by a party in the course of the mediation proceedings

 Ø            views expressed or suggestions made by a party with respect to a possible settlement of the dispute

 Ø            proposals made or views expressed by the mediator

 Ø            the fact that a party had or had not indicated willingness to consider a proposal for settlement.

9.04    Unless directed by a Court, the mediator shall not divulge any aspect of the mediation in any other proceeding.  If subpoenaed to testify
          in any other proceeding, the mediator shall immediately inform the other parties.  Unless the parties waive confidentiality, the mediator
          shall inform the Court or Tribunal of the situation, and shall not divulge any matters disclosed in the mediation unless directed to do so.

9.05    The mediator shall not subsequently accept appointment as advocate or expert witness or otherwise provide assistance to any of the
          parties in connection with any related proceedings, except for purposes of proving any settlement agreed to by the parties.

10.00     COSTS, FEES AND PAYMENTS

10.01     Parties shall meet their own costs of the mediation.

10.02    Unless otherwise agreed between the parties and the mediator, the mediator’s fees shall be charged as agreed, for instance on a time basis
at an hourly rate to be agreed in writing with the parties prior to commencing the mediation, plus expenses at cost plus GST.  The parties,
jointly and severally, agree to pay the mediator's fees.

10.03    The mediator may from time to time invoice the parties for fees and expenses already incurred and may also require payment of amounts by way of security for future fees and expenses.  Any invoices shall be paid within 14 days.

10.04    The mediator may require payments by way of security to be deposited into the stakeholder account of the Arbitrators' and Mediators' Institute
of New Zealand Inc., P O Box 1477, Wellington, New Zealand.

10.05    The parties undertake to pay equally the amounts invoiced or required by the mediator.  Alternatively, with the prior consent of the mediator,
one or more parties may agree to pay invoices in such unequal shares as to achieve payment in full.  Failure to pay an invoice shall suspend
the mediator’s obligations until payment in full is made.

11.00    EXCLUSION OF LIABILITY

11.01    Any comments, recommendations or assessments by the mediator are not intended to be relied upon as professional advice.

11.02    The Arbitrators’ and Mediators’ Institute of New Zealand Inc. shall be liable to any person, including the parties, for any act or omission including
negligence or breach of confidentiality or for any advice associated with the mediation.  Each of the parties agree to indemnify the Arbitrators’
and Mediators’ Institute of New Zealand Inc. in respect of any such claim.

11.03    The parties agree that while appointed pursuant to the agreement and working under the terms of the agreement and this protocol, the mediator
shall not be in any way liable to the parties for negligence or otherwise and the parties agree to indemnify the mediator in respect of any such
claim.

12.00    TERMINATION

12.01    Any party may withdraw at any time from the mediation.

12.02    If the withdraw of one or more parties effectively terminates the mediation after the parties had agreed that the mediator should provide a written opinion, the mediator may, if considered appropriate by the mediator in the circumstances and at the request and cost of one or more of the other parties, provide to all parties a written preliminary assessment on any matter in dispute.

12.03    The mediation may be terminated at any time by agreement between the parties or by the mediator.

12.04    The mediator my terminate the mediation if he or she considers that a party's safety, or his or her own safety, is at risk.

12.05    The mediation shall be terminated automatically upon execution of a settlement agreement in respect of the dispute referred to mediation.

12.06    Termination shall not relieve the parties from their obligation to pay the mediator’s fees and expenses.

13.00    VARIATION

13.01    The parties may vary this protocol by agreement.

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AMINZ ADJUDICATION PROTOCOL

PREAMBLE

1. Adjudication is a dispute resolution process under the Construction Contracts Act 2002 whereby a dispute between the parties is referred to an adjudicator who is appointed by the parties, appointed by a nominating body chosen by agreement between the parties, or appointed by an authorised nominating authority chosen by the claimant, to make an independent and impartial determination.

2. The objective of the adjudication process is to provide a speedy resolution of disputes arising under a construction contract.

3. All adjudicators who are members of AMINZ are bound by the AMINZ code of ethics and are required to provide services to parties which meet minimum standards of professional practice.

4. This Protocol is intended to provide a method of operation for adjudicators and parties to adjudication. It may be adopted or varied by agreement between the parties.

INITIATION OF ADJUDICATION

5. Adjudication is initiated by a claimant serving written notice of the claimant's intention to refer a dispute to adjudication on the other party or parties to the construction contract and on any non-respondent owner if a determination of an owner's liability and an approval for the issue of a charging order in respect of a construction site owned by him or her are being sought.

6. The notice of adjudication must comply with the requirements of s28 and include inter alia, a brief description of the dispute, the names and details of the parties involved, the relief or remedy sought, and whether approval for the issue of a charging order is sought.

APPOINTMENT OF ADJUDICATOR

7. The parties shall as soon as possible secure the appointment of a suitably qualified and independent adjudicator.

8. Any natural person is eligible to be an adjudicator if that person meets the requirements relating to qualifications, expertise, and experience as may be prescribed (if any).

9. An agreement about the choice of an adjudicator, or a nominating body, or an authorised nominating authority is not binding on the parties if that agreement was made prior to the dispute arising.

10. The claimant must request any person chosen by agreement between the parties to act as adjudicator, to so act, as soon as practicable after the notice of adjudication has been served.

11. If no person is agreed on, the claimant must request a nominating body chosen by agreement between the parties to select an adjudicator within 5 working days after the notice of adjudication has been served, or within any further period that the parties may agree.

12. If the parties are unable to agree on an available adjudicator or agree on a nominating body to select an adjudicator, the claimant must request an authorised nominating authority to select a person to act as adjudicator within 5 working days after the notice of adjudication has been served, or within any further period that the parties may agree.

13. A person requested to act as an adjudicator must, within 2 working days of receiving the request indicate whether he or she is willing and able to act in that capacity and advise the parties of that person's terms of engagement including the basis upon which his or her fees are calculated.

14. If the parties agree to accept the person's terms of engagement and the person is willing and able to act as an adjudicator, he or she must serve a written notice of acceptance on the parties to the adjudication and, as the case may be, the nominating body or authorised nominating authority.

15. The notice of acceptance must confirm that the person consents to the appointment as adjudicator, is willing and able to act as adjudicator, and that the person meets the eligibility criteria (if any). The notice of acceptance must also set out all relevant and agreed terms of engagement and contain a statement advising:

[a] I am independent of each of the parties and intend to remain so; and that, to the best of my knowledge, there are no circumstances past or present likely to give rise to any doubts as to my impartiality or independence in the eyes of any of the parties.

[b] I undertake to disclose to the parties any circumstances arising in the future which may be likely to give rise to any doubts as to my impartiality or independence in the eyes of any of the parties, until the adjudication is concluded.

16. The adjudicator's appointment will be complete upon serving a notice of acceptance.

THE REFERRAL OF THE DISPUTE TO THE ADJUDICATOR

17. The claimant must refer the dispute in writing (the adjudication claim) to the adjudicator within 5 working days of receiving the adjudicator's notice of acceptance.

18. The adjudication claim must be consistent with the notice of adjudication and clearly specify the nature and grounds of the dispute and to the extent that it remains relevant, be accompanied by a copy of the notice of adjudication and any other documents intended to be relied upon by the claimant.

19. The claimant must serve a copy of the adjudication claim together with all supporting documents on every other party to the adjudication either before, or immediately after they are served on the adjudicator.

20. The respondent may serve on the adjudicator and every other party to the adjudication a written response to the adjudication claim together with all supporting documents intended to be relied upon by the respondent, within 5 working days after receipt of the claim, or within any further time agreed to by the parties or allowed by the adjudicator.

ROLE OF THE ADJUDICATOR

21. The adjudicator is an independent decision maker and is not an advocate for any party. The adjudicator will act independently, impartially, comply with the rules of natural justice, disclose any conflict of interest to the parties and resign from office if a conflict of interest arises unless the parties agree otherwise. The adjudicator will not discuss the issues or any matter relating to the dispute with one party in the absence of the other party. The adjudicator may, however, telephone the parties in relation to procedural matters, provided both parties receive the same message. The adjudicator will not hear evidence in the absence of one party without the written agreement of that party except where, following written notice of any meeting, one party fails to appear. An adjudicator who has been appointed because of that person's specialist knowledge will be entitled to use that specialist knowledge in a fair and open manner for the purpose of deciding the issues referred.

22. The adjudicator shall have the widest discretion in relation to the procedure to be adopted for the adjudication. That procedure may be inquisitorial or judicial.

23. The adjudicator shall conduct the adjudication in a timely manner and will avoid incurring unnecessary expense.

24. The adjudicator shall decide all the issues properly referred in the notice of adjudication and will not delegate any part of the decision making process to any other person.

25. Unless the parties agree otherwise, the adjudicator shall decide all disputes according to the rules of law. If the parties are unable to agree on procedural matters, the adjudicator shall have the power to make directions and set deadlines as appropriate.

26. The adjudicator's power to determine a dispute is not affected by the failure by any party to comply with timetabling requirements or any other thing that the adjudicator may reasonably request or require and the adjudicator may draw any inferences from such failure that he or she thinks fit.

27. The adjudicator may determine the dispute on the basis of the information available to him or her and give any weight that he or she thinks fit to information provided outside any period that he or she directed.

28. The adjudicator shall not exercise such discretion capriciously and the exercise of that discretion shall be balanced by the requirements to act independently, impartially and in a timely manner and to comply with the rules of natural justice.

29. The adjudicator shall not determine a dispute having regard to the respondent's response if that response is served late.

REPRESENTATION IN THE ADJUDICATION

30. Each party may elect to have legal representation or to be represented by some other person. The names and addresses of such persons shall be communicated in writing to the adjudicator and to the other participants.

31. Each party or its representative shall assist in the proper conduct of the adjudication and will co-operate with the adjudicator throughout the process.

32. Other persons may attend conferences convened by the adjudicator only with the consent of all parties. Consent is normally given to advisers such as legal, managerial, technical or resource persons to attend. If the parties are unable to agree, then the adjudicator may decide whether or not such advisers should be permitted to attend.

CONDUCT OF THE ADJUDICATION

33. The adjudicator shall have the widest discretion in relation to the conduct of the adjudication. The adjudication procedure shall be as agreed between the parties and, failing agreement, as the adjudicator thinks fit, in accordance with the rules of natural justice.

34. Conferences and site inspections will be convened at a time, date and place reasonably determined by the adjudicator.

35. The parties will cooperate throughout the adjudication with the adjudicator and will comply with the adjudicator's directions to attend meetings, and to provide documents, information and written submissions, and to do all other such things that the adjudicator may consider it reasonable to do in the circumstances.

36. The adjudicator may appoint expert advisers to report on specific issues, provided that the parties are notified before the appointment is made. The adjudicator shall not, without prior written notification to the parties, obtain from any person who is not a participant, advice or opinion on any aspect of the dispute. Although it is not essential, the tribunal should endeavour to obtain the agreement of the parties to so consult and with whom to consult.

37. During the adjudication the adjudicator may ask questions of the parties or witnesses and may ask the parties to provide further submissions.

38. The adjudicator will ensure that the parties have an adequate opportunity to be heard in the presence and with the knowledge of the other party.

CONFIDENTIALITY

39. Adjudication is a private procedure. The adjudicator and any party to a dispute must not disclose to another person any statement, admission, or document created or made for the purposes of the adjudication and any information that for the purposes of the adjudication is disclosed in the course of the adjudication.

40. The parties and the adjudicator shall maintain privacy and will not divulge any aspect of the adjudication to the media or others not involved with the process without the prior agreement of the parties.

THE ADJUDICATOR'S DETERMINATION

41. In determining a dispute, the adjudicator must consider only:

•        the provisions of the Act

•        the provisions of the construction contract to which the dispute relates

•        the adjudication notice from which the adjudicator's jurisdiction to act is derived

•        the adjudication claim together with all submissions and supporting documents provided by the claimant

•        the respondent's response (if any and only if provided in time) together with all submissions and supporting documents
         provided by the respondent

•        the report of the experts appointed to advise on specific issues (if any)

•        the results of any inspection carried out by the adjudicator

•        any other matters that the adjudicator reasonably considers to be relevant

42. The adjudicator must not determine a dispute until the end of the period within which the respondent may serve on the adjudicator a written response to an adjudication claim.

43. The adjudicator must determine a dispute within 20 working days after the end of the period within which the respondent may serve on the adjudicator a written response to an adjudication claim, or within 30 working days after the end of that period if the adjudicator considers further time is required, or within any further period that the parties to the adjudication agree.

44. The adjudicator must give a copy of the determination to every party to the adjudication as soon as practicable after making a determination and after payment of his or her fees and expenses in connection with an adjudication.

45. The adjudicators determination must be in the form prescribed in the Construction Contracts Regulations 2003 and must contain the reasons for the determination unless the parties agree otherwise.

46. The adjudicators determination must determine whether or not any of the parties to the adjudication are liable, or will be liable if certain conditions are met, to make a payment under the relevant construction contract any questions in dispute about the rights and obligations of the parties under that contract.

47. If the adjudicator finds that a party is liable or conditionally liable to make a payment, the adjudicator must also determine the amount payable or conditionally payable, the date upon which that amount became or becomes payable, and may determine that the liability of a party to make payment is dependent on certain conditions being met.

48. An adjudicator shall not be required to determine a dispute that has been withdrawn in accordance with s39.

49. If a dispute is settled by agreement between the parties before the adjudicators determination is given, the adjudicator must determine the adjudication proceedings and, if requested by the parties, may record the settlement in the form of a determination on agreed terms.

50. An adjudicator, appointed by an authorised nominating authority, must approve the issue of a charging order in circumstances where all the conditions of s49 of the Act are satisfied.

51. An adjudicator, appointed by an authorised nominating authority, must approve the issue of a charging order over a non-respondent owner's property in circumstances where all the conditions of s50 of the Act are satisfied.

52. An adjudicator may on his or her own initiative or at the request of a party within 2 working days after the receipt by the parties of the determination, correct any errors in computation or any clerical errors or any errors of a similar nature.

COSTS AND FEES

53. The parties agree to pay the adjudicator's fees and expenses as directed by the adjudicator and shall be jointly and severally liable to pay the adjudicator's fees and expenses.

54. The adjudicator's fees will be charged on an hourly or a daily basis at a rate agreed in writing with the parties prior to the adjudicator's appointment. The parties agree to pay GST on the agreed fee, and any expenses reasonably incurred by the adjudicator in connection with the adjudication.

55. The adjudicator may from time to time invoice the parties for fees and expenses incurred and may require a payment by way of security for future fees and expenses. All invoices will be paid within 5 working days.

56. The adjudicator may charge a reasonable fee following withdrawal or settlement of the dispute.

57. The parties shall contribute equally to the adjudicator's fees and expenses unless otherwise agreed between the parties, or if the adjudicator determines that his or her fees should be met in different proportions by the parties because the claimant's claim or the respondent's response was without substantial merit, or one of the parties acted in a contemptuous or improper manner during the adjudication.

58. The parties agree to pay the adjudicator's fee (or any unpaid balance) within 5 working days of cancellation or settlement of the adjudication or within 5 working days of being notified by the adjudicator that the determination is available for uplifting.

59. An adjudicator shall not be entitled to be paid any fees and expenses in connection with the adjudication if he or she fails to determine the dispute within 20 working days after the end of the period within which the respondent may serve on the adjudicator a written response to an adjudication claim, or within 30 working days after the end of that period if the adjudicator considers further time is required, or within any further period that the parties to the adjudication agree.

EXCLUSION OF LIABILITY

60. Any comments, recommendations or assessments by the adjudicator are not intended to be relied upon as professional advice.

61. Neither the adjudicator, nor any expert adviser appointed under s42 of the Act, nor the Arbitrators' and Mediators' Institute of New Zealand Inc. shall be liable to any person, including the parties, for any act or omission including negligence or breach of confidentiality for any action taken or advice or information provided in relation to the adjudication, or for any other matter arising out of the adjudication unless the act or omission is fraudulent or done in bad faith.

62. The parties together and separately agree to indemnify the adjudicator and any expert adviser appointed under s42 of the Act and the Arbitrators' and Mediators' Institute of New Zealand Inc. in respect of any claim by any party or person for any act or omission including negligence or breach of confidentiality for any action taken or advice or information provided in relation to the adjudication, or for any other matter arising out of the adjudication unless the act or omission is fraudulent or done in bad faith.

SETTLEMENT

63. If a dispute is settled by agreement between the parties before the adjudicator's determination is given, the adjudicator must determine the adjudication proceedings and, if requested by the parties, may record the settlement in the form of a determination on agreed terms.

64. Settlement of the issues in dispute will terminate the adjudication but will not relieve the parties from their obligation to pay the adjudicator's fees and expenses.

TERMINATION

65. The adjudication claim may be withdrawn if the claimant serves written notice of withdrawal on the adjudicator, unless the respondent objects to the withdrawal and the adjudicator recognises a legitimate interest on the respondent's part in obtaining a determination in respect of the dispute or if the parties agree on the withdrawal.

66. The adjudicator shall not be required to determine a dispute that has been withdrawn, however the withdrawal of the dispute at any stage prior to a determination being issued will not relieve the parties from their obligation to pay the adjudicator's fees and expenses.

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