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New private statutory adjudication process for civil disputes
New private statutory adjudication process for civil disputes
In 2025, the Ministry consulted publicly on a new alternative dispute resolution option – a statutory adjudication framework for civil disputes between businesses.
What we heard during public engagement
We received a total of 35 written submissions from a range of submitters. Most submitters worked in or were representative of the legal and/or alternative dispute resolution (ADR) professions. We also met with 22 stakeholders over 14 meetings. In summary:
Overall, there was a high degree of interest in the idea of a statutory adjudication framework.
However, feedback was mixed on the key features of the specific proposal, including whether or not it should be limited to businesses, and whether one business should be allowed to compel another to participate.
Submitters also had differing views on whether a statutory adjudication framework would increase access to justice.
Some considered that this framework could potentially exacerbate challenges with access to justice. For example, parties with less resources could be disadvantaged in a user-pays system.
However, other submitters considered that an alternative fast and low-cost dispute resolution could have a positive impact on access to justice.
Concerns were raised about the complexity of New Zealand’s dispute resolution system with a broad range of ADR options already available in addition to the courts, specialised tribunals, and other statutory dispute resolution frameworks. Adding statutory adjudication as another option could further complicate the landscape. This might result in increased costs, if businesses didn’t know which option was right for them.
Submitters across the spectrum of support or opposition to the proposal suggested reviewing, improving or refining existing systems. This included the courts, the Disputes Tribunal, and ADR options such as arbitration and mediation.
Next steps
We are considering how best to link the adjudication framework with a broader programme of future work on access to justice and dispute resolution more generally. If you have any questions, email us at: civillaw@justice.govt.nz