ADR Insights & Updates

Latest News, Articles & Member Contributions

Stay informed with the latest news, expert articles, and insightful contributions from our members. Explore trends, updates, and and thoughtful opinions on key topics relevant to our community.

If you would like to submit an article or contribute please contact us to discuss.

AMINZ AMINZ

Member Spotlight: The Power of Wellbeing by Clive Elliott QC

The pandemic has cast a dark shadow over the world, and brought to light a number of critical issues society, as a whole, needs to address. Growing inequality, underfunded health services, disinformation, division and doubt are on the rise.

In his book, The Power of Wellbeing, Clive poses the question: how do we regulate the relationship between the individual and wider society, and our obligations to each other?

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2022 AMINZ Scholarships

Applications for the 2022 AMINZ Scholarships are open. These scholarships are aimed at fostering diversity and leadership in the dispute resolution sector in Aotearoa/New Zealand.

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The Ripple Effect of the Leaky Building Saga

Read this paper from MinterEllisonRuddWatts’ Janine Stewart and Kate Muldrew on the impact New Zealand’s leaky building saga has had on common law and director’s liabilities. The paper also explore how ADR can be used further in this area.

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Te Wiki o te Reo Māori 2021

September 13 - 19 2021 marks Te Wiki o te Reo Māori - Māori Language Week. We are acutely aware of the important role te reo plays within the work that we do as an Institute, and as the home of dispute resolution professional across Aotearoa.

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Reflecting on the AMINZ Conference 2021

August’s conference was a turning point for the Institute. Across three fantastic days, members and non-members, seasoned professionals and up-and-comers gathered together under one roof to learn, engage and kōrero.

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Improving Access to Justice

Read the feedback submitted by AMINZ in July 2021 to the Rules Committee of the High Court on Improving Access to Justice.

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Five things (among many!) that you’ll take away from the AMINZ Conference 2021

This year’s Conference will bring together leading dispute resolution professionals for three engaging days of learning and networking. Always highly attended, the conference is a chance to delve into the latest insights in the field and explore how the dispute resolution landscape is evolving both in Aotearoa and around the globe.

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New Zealanders’ access to justice needs to be top of mind

The Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) has called for a review of the terminology and better clarity in the Incorporated Societies Bill to ensure the legislation is accessible and future-proofed for the benefit of all New Zealanders. Read the media release regarding AMINZ’s submission on the bill here.

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Employment Relations Mediator - Anna Wai

I distinctly remember situations where my passion for people became evident in prior Employment Relations roles I held in the 90s and early 2000s. These roles were primarily in human resource management and employment relations consultancy. A love for the human spirit no matter what their backstory was led me to a discipline where I could help both workers and bosses, particularly around working relationships.

As a Human Resources Manager, I experienced dispute resolution med/arb pre-2000 under the Employment Contracts Act 1991, then latterly mediation provided by the Department of Labour under the Employment Relations Act 2000. During my time as an employment relations consultant, I attended employment mediations as a representative on a very regular basis.

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Appeals on Questions of Law: An Update on Statistics

A distinct feature of domestic arbitration in New Zealand is the ability to appeal an arbitral award on a question of law (Clause 5, Schedule 2 to the Arbitration Act).

In 2012, Amokura Kawharu wrote an important article analysing the success (or otherwise) of appeals on questions of law in the High Court between 1 January 2000 and June 2011.

Professor Kawharu found that of the 55 applications for leave to appeal on a question of law filed during that period, around one third were successful. Not all successful applications for leave resulted in an appeal being filed, which implies that some cases may have been settled after application for leave was successful. Of those that did proceed to a hearing on the merits (12 cases), six appeals were successful. Over the same period, there were 13 appeals on questions of law by agreement (i.e., no leave required). Three of these appeals were successful – making nine successful appeals in total.

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Nominations open for election to the AMINZ Council

AMINZ is governed by a seven-member Council, with a President, a Vice-President and five Ordinary Council Members. These roles are completely voluntary. Terms are two years in duration, with five roles coming up for election one year and two roles the following year. The term of any new elected members will commence at the Annual General Meeting to be held on 5 August 2021.

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Rising stars raising the bar in Aotearoa’s dispute resolution sector

Two rising stars in the world of dispute resolution have been named the first recipients of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) scholarships.

Sharnika Leleni has received the 2021 AMINZ Determinative Scholarship, an award focussed on arbitration, and Tunisia Set Ārena (Ngāpuhi, Ngāti Whātua; nō Te Tai Tokerau) has been named the 2021 AMINZ Consensual Scholarship winner, focussed on mediation.

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Introducing AMINZ Conference 2021 Keynote Speakers

It going to be all-go from the get-go at the 2021 Conference. Why? Unlike previous years, the first keynote speaker, His Honour Judge Heemi Taumaunu, Chief District Court Judge of New Zealand will present on day one of the conference. You won’t want to miss out on his address. We are also fortune to have District Court Judge, the Honourable Justice Joe Williams, Supreme Court Judge and Paulette Brown attending as keynote speakers. For all up-to-date information, including when registrations open in early May, head to our dedicated Conference website.

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Submission to the Family Court (Supporting Children in Court) Legislation Bill

AMINZ and Resolution Institute made a submission to the Family Court (Supporting Children in Court) Legislation Bill. Executive Director Sue Wells, Resolution Institute Chief Operating Officer Trevor Slater and AMINZ/Resolution Institute member and Fellow Chris LaHatte spoke to the submission at select committee in February.

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