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• Acts, Regulations & Codes

• Regulations

• Electricity Regulations 1997
• Elec (Hazards from Trees) Regs
• Tree Arbitrators
• Mining Regulations 1999

The Arbitrators Are:

Terry Cochrane
PO Box 5848
Wellesley Street
Auckland 1141
Fax: 09 355 9583
terry.cochrane@opus.co.nz

Brad Cadwallader
33 Cropp Place
Richmond
Nelson 7020
Fax: 03 544 2682
brad.cadwallader@paradise.net.nz 

Arbitration

Under Regulation 22 of the Electricity (Hazards from Trees) Regulations 2003 a tree owner can apply to an arbitrator to determine a dispute between the tree owner and a works owner.

1. A tree owner may apply to an arbitrator to determine a dispute between the tree owner and a works owner if -
• the works owner has refused to grant a dispensation under Regulation 20 and the tree owner believes that a dispensation should have been granted; or
• the works owner has granted a dispensation under that regulation but the tree owner does not agree with the terms of that dispensation.
2. An application to an arbitrator must be made no later than 5 working days after the date on which the tree owner received notice under Regulation 20(1).
3. An application to an arbitrator must be in writing and be made in the manner required by Regulation 25.
4. The determination of a dispute by arbitration, or the making of an application to an arbitrator to determine a dispute, does not limit the obligation of a works owner under Regulation 14 to undertake, without delay, any work in relation to a tree.

Functions, Duties, and Powers of Arbitrators

1. The functions of an arbitrator are -
• to hear and determine disputes between tree owners and works owners referred to the arbitrator under these regulations; and
• to perform the functions and duties conferred or imposed on arbitrators under these regulations.
2. The Act or these regulations do not oblige an arbitrator to hear or determine a matter or perform any other function or duty if the arbitrator considers that he or she is unable to perform that function or duty properly.
3. An arbitrator must determine a dispute according to the substantial merits and justice of the case, and in doing so must have regard to the law but is not bound to give effect to strict legal rights or obligations or to legal forms or technicalities.
4. Without limiting any other provision of these regulations, an arbitrator has all the powers that are reasonably necessary or expedient to enable the arbitrator to carry out his or her functions and duties.
5. The Arbitration Act 1996 does not apply to an arbitrator, or to disputes referred to an arbitrator, under these regulations.

For more information about Arbitration and Tree Arbitrators please refer to the Electricity (Hazards from Trees) Regulations 2003.