Adjudication Appointment Requests

AMINZ is an authorised nominating authority under the Construction Contracts Act 2002.

This means it is authorised to appoint adjudicators for construction disputes, according to the Act.

One of the purposes of the Construction Contracts Act 2002 is the speedy resolution of disputes arising in construction contracts. Adjudication under Part 3 of the Act is a process under which an independent adjudicator determines disputes.

The process is statutory and runs in parallel with litigation in court or any other dispute resolution process agreed upon by the parties or included in the construction contract. Once issued, the determination is binding and enforceable but not final.

All adjudicators who are members of AMINZ are bound by the AMINZ Code of Ethics and are required to provide services to parties that meet minimum standards of professional practice.

Considerations before initiating the Adjudication Process:

  • Is the contract for construction work as defined in the Act? The definition of construction work in section 6 needs to be reviewed with considerable care.

  • When was the construction contract entered into? If the contract predates 1 December 2015, then the original 2002 Act generally applies without amendment (save for the retentions regime).

  • If the contract is for related services, was it entered into after 31 August 2016? If so, do the services fall within the definition of related services in section 6(1A) and do those services relate to those parts of construction work identified in section 6(1A)?

  • Is there a dispute between the parties?

For a detailed understanding of the process, please refer to the
Adjudication Protocol provided below.

For the latest version of the Construction Contracts Act 2002, please visit the official New Zealand legislation website.

Request an Adjudication Appointment

After serving a Notice of Adjudication, a party may request AMINZ to nominate an adjudicator. View our Panels and Lists to find an Adjudicator. Alternatively, you may opt to have AMINZ facilitate the appointment on your behalf by completing the form below.

AMINZ charges a fee of $575.00 for facilitating appointments on your behalf.

After reviewing your request, you will receive an invoice for the payment of the appointment fee. Please note that this fee must be settled before the commencement of the appointment process.

The Process: How does AMINZ appoint?

AMINZ has been named in various contracts and legislations as the body for appointing a professional for dispute resolution. You can be sure that we will independently, expertly and promptly make an appointment for you.

Who is involved:

All appointment requests must be submitted through the AMINZ office. Upon receiving a request, the Appointing Officer collaborates with AMINZ's Appointment Advisory Panel (AAP) members, aiming to consult with two specialists in the relevant field.

What is considered:

When seeking an appointment, please allow time for the review process. As outlined in the Appointment Policy, AAP members aim to promptly assess all materials provided regarding the proposed appointment. They aim to offer their recommendations to the Appointing Officer as soon as possible.

When evaluating any appointment request, the following criteria are taken into consideration:

  • The relevant experience and expertise of the proposed appointee.

  • The geographical location of the potential expert to be appointed.

  • The complexity of and, where applicable, the amount in, dispute.

  • Any preferences (or strong objections) as set out by the parties in their communications regarding the appointment (though noting that the Appointing Officer is not bound by such matters).

  • The desire, where appropriate and consistent with the other criteria, to enable a broad spread of appointments, including suitably qualified newer AMINZ members.

  • AMINZ's Appointment Advisory Panel (AAP) plays a crucial role in guiding the appointment process for experts resolving disputes. AAP members are selected and appointed by the AMINZ Council based on their expertise in various dispute resolution fields, including commercial arbitration, mediation, adjudication, and rural dispute resolution.

  • AMINZ charges a fee of $575.00 for facilitating appointments on your behalf.

    After reviewing your request, you will receive an invoice for the payment of the appointment fee.

    Please note that this fee must be settled before the commencement of the appointment process.

  • When requesting an appointment, please consider the time required for the review process. AAP members diligently assess all provided materials concerning your proposed appointment. Aiming to offer recommendations to the Appointing Officer swiftly. Typically, appointments are finalised within five working days.

  • If you are applying for an appointment of an Adjudicator under the Construction Contracts Act 2002, please head here.

If your agreement mentions AMINZ, you operate within legislation tied to AMINZ, or you seek our assistance in making an appointment or wish to discuss a potential appointment don't hesitate to contact us. We're here to guide you through the process and ensure effective dispute resolution tailored to your needs.

Appointments Policy

The process of appointment is documented in the AMINZ Appointments Policy. Under this policy, all appointments are made in consultation with independent advisors selected from an Appointments Panel. These advisers provide expert and independent advice and recommendations on appointments. The Appointments Panel includes senior members with experience in dispute resolution.