New Zealand Case Law: Decisions & Judgments

Topic

Arbitrability

Legal area

Court

3 Nov 2022

TAM DENTAL GROUP LIMITED v CHANG [2022] NZHC 2873

Citation

[2022] NZHC 2873
Court

High Court

The High Court has jurisdiction under the Arbitration Act 1996 (sch 1 arts 9 and 17B) to grant interim measures protecting the status quo pending arbitration even where the Employment Court has exclusive jurisdiction to determine employment status; the applicant need only show the low threshold of a "reasonable possibility" of success and the grant of interim relief does not usurp the Employment Court's exclusive substantive determination
26 Feb 2021

NGAWAKA v NGĀTI REHUA-NGĀTIWAI KI AOTEA TRUST BOARD [2021] NZHC 291 [26 February 2021]

Citation

[2021] 2 NZLR 1
Court

High Court

An external arbitration determining whakapapa of members of Ngāti Rehua-Ngātiwai ki Aotea, conducted by an arbitrator lacking a strong connection to the hapū and deep understanding of its tikanga, is inconsistent with tikanga Ngāti Rehua-Ngātiwai ki Aotea and prior court orders; continuation would amount to an abuse of the court's process and the disputes over whakapapa are not arbitrable under s 10 Arbitration Act 1996 in these circumstances, so the agreement to arbitrate those issues is null and void; the proper course is to allow the kaumātua validation process to continue and, if necessar…
16 Sept 2020

LINCO PROPERTIES LTD v TOWNHOUSE MOTEL LTD [2020] NZHC 2404

Citation

[2020] NZHC 2404
Court

High Court

There was no stay because there was no arbitrable dispute: disagreement about 'fair market rent' would not affect the defendants' contractual debt to pay accrued rent and thus would have no legal consequence for the arrears claim, and clause 3.10 was inoperative because the defendants' position amounted to an attempted renegotiation excluded by cl 3.10.11(i). Consequently defendants had no arguable defence and plaintiff entitled to summary judgment against first and third defendants for the arrears plus interest and costs; proceeding against the second defendant was adjourned because the pers…
11 Apr 2019

KAWAKAWA STATION LIMITED v NEW ZEALAND WALKING ACCESS COMMISSION [2019] NZHC 791

Citation

[2019]NZAR 797
Court

High Court

Condition 8 of the OIO consent is a valid arbitration clause binding on Kawakawa Station (which accepted the consent conditions); the OIO nominated the Commission as a party to be consulted and to arbitrate and the Commission is a willing participant; the judicial review claims substantially overlap with matters that arbitration can resolve and the recommendations are not final decisions precluding arbitration; accordingly the Court must grant a stay and refer the parties to arbitration (article 8(1) schedule 1 Arbitration Act 1996); the Trust is not bound by the clause but may participate in…
5 Dec 2016

CRANIUM ADSPACE LTD v BRITISH AMERICAN TOBACCO (NEW ZEALAND) LTD [2016] NZHC 2922

Citation

[2016] NZHC 2922
Court

High Court

Article 8 of Schedule 1 to the Arbitration Act 1996 required a stay because the prerequisites were met and the arbitration agreement in clause 15 was operative; speculative or potential claims against third parties do not render the arbitration agreement inoperative or incapable of being performed and are insufficient to justify maintaining the proceeding in the court.
18 May 2015

BIDOIS & ORS v LEEF & ORS CA 441/2013 [2015] NZCA 176

Citation

[2015] 3 NZLR 474
Court

Court of Appeal

The Court held the dispute was arbitrable because the arbitrators' decision had direct legal and financial consequences for allocation of settlement funds and therefore concerned a defined legal relationship; apparent bias existed in fact but respondents had knowledge and proceeded without timely objection such that they waived the right to object under the statutory challenge procedure; document handling did not produce material prejudice; accordingly the High Court's setting aside of the award was incorrect and the award was reinstated.

New Zealand Case Law

TAM DENTAL GROUP LIMITED v CHANG [2022] NZHC 2873

NGAWAKA v NGĀTI REHUA-NGĀTIWAI KI AOTEA TRUST BOARD [2021] NZHC 291 [26 February 2021]

LINCO PROPERTIES LTD v TOWNHOUSE MOTEL LTD [2020] NZHC 2404

KAWAKAWA STATION LIMITED v NEW ZEALAND WALKING ACCESS COMMISSION [2019] NZHC 791

CRANIUM ADSPACE LTD v BRITISH AMERICAN TOBACCO (NEW ZEALAND) LTD [2016] NZHC 2922

BIDOIS & ORS v LEEF & ORS CA 441/2013 [2015] NZCA 176