Judges Corner Article by Judge Aidan Warren on Dispute Resolution2
The new Mediation regime establishes a dispute resolution process based on tikanga Māori to assist owners of Māori Land to resolve disagreements and conflict about their land.
The new Mediation regime establishes a dispute resolution process based on tikanga Māori to assist owners of Māori Land to resolve disagreements and conflict about their land.
The new Mediation regime establishes a dispute resolution process based on tikanga Māori to assist owners of Māori Land to resolve disagreements and conflict about their land.
(i) For the avoidance of doubt, if the parties agree to adopt the ADR process they must complete Steps 1 and 2 of the ADR process, before the dispute can be determined by the Court, unless both parties mutually agree in writing to opt out before completion of the ADR process or there is a need for urgent injunctive relief by any party to the dispute. 11.
Documents/Guides-Templates-Factsheets/2021-03-12-Example-Occupation-Order.pdf (150 kb)
By creating a free, culturally appropriate and safe process outside of a court sitting, landowners and other Court users can kōrero and wānanga about the dispute privately and come up with their own workable solutions.
Documents/Guides-Templates-Factsheets/Factsheet-Dispute-resolution-service-web-version.pdf (132 kb)
On this page Dispute resolution service The mediation process What if a resolution is not reached?
On this page Dispute resolution service Apply for dispute resolution Ko te whakapapa te ara ki ō mātua tūpuna It is your connections to each other that keep you connected to your ancestors Dispute resolution service Our dispute resolution service is a free, voluntary, tikanga-based process where parties can resolve disputes related to Māori land confidentially, outside of a court setting.
Nevertheless, the report is erroneous in implying that the Court’s succession process is particularly complex. Any complexities arise from the inherent nature of Māori land estates and not the succession process.
Documents/Judges-corner-articles/MLC-2014-Jun-Judges-Corner-Ambler-J.pdf (191 kb)
In that situation an Alternative Dispute Resolution process had been agreed, that process was required, and it was undertaken with findings ultimately made.
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
Other disputes may also arise if the issue of who may be buried in the urupā has not been carefully considered.
If the mediation is unsuccessful Our dispute resolution process is considered 'unsuccessful' if no agreement is reached between the parties at mediation.