Arbitration

Curnow Tizard Ltd have three valuers that are founding members of the Arbitrators and Mediators Institute of New Zealand (AMINZ), being Geoff Tizard, Brian Hamill and Phillip Curnow.

Being well established valuers Geoff, Brian and Phillip are able to offer their services as arbitrators, third party expert determination and expert witnesses. They are also well versed in litigation issues. 

 

Phillip is a panel member of AMINZ to view his profile please click here.

Areas of Expertise

Over the years Curnow Tizard has become one of the leading firms for all forms of  dispute resolution.  In addition to formal appointments for arbitration and third party expert witness agreements, Curnow Tizard are well placed to offer valuation litigation advice and retrospective valuations. 

The expert team have also undertaken mediation/facilitation assignments between valuers who are in disagreement  to to try to resolve issues prior to the need for more formal channels of resolution. 

We welcome all enquiries from valuers, legal professionals, landlords and tenants alike. 

Dispute Lease Clause

The Auckland District Law Society lease agreement , in the Second Schedule, governs the tenants payment of rent, from clause 1.1 to clause 2.6 usually. Clause 2.2 deals specifically with disagreement over rental.

 

If the parties are unable to agree the current market rental there are two options. One of these options being arbitration under the Arbitration Act 1996. This act provides the machinery for the process and gives the parties clarity of necessary action. Under the act parties are required to agree upon a sole arbitrator.

 

The other option available to the parties is that of expert determination by a third valuer. The appointed third valuer, provides a written decision that is final, after hearing points from both parties and their appointed valuers.

 

Phillip Curnow has been appointed as arbitrator and third party expert for a number of cases throughout New Zealand and is able to achieve timely resolutions.  If you wish to appoint Phillip Curnow as a third party expert, parties needs to sign an appointment which will include an indemnity clause that provides a similar legal protection as an arbitrator receives under the Arbitration Act 1996.

 

 

What is Arbitration?

Almost all property related contracts have a dispute resolution clause for parties to resolve differences over the life of the contract. 

 

The predominant area of arbitration that involves valuers skilled in this discipline, is the settling of rental disputes.

 

The process of arbitration enables a third party (registered valuer) to settle a dispute so that the parties to the contract can continue their property or business relationship.

In his role as arbitrator, Phillip is determined to make the process as seamless as possible for all associated parties. To commence proceedings, teleconferences are organised to decide on an agreed timetable and other necessary matters. 

 

The process of arbitration includes the exchange of evidence to which parties are able to submit rebuttals which are assessed by the arbitrator. This is followed up by an inspection of the property in addition to all comparable evidence provided by the individual parties. The arbitrator then chairs a hearing after which an interim decision (interim award) is made.

For more detail on the arbitration process please see our blog post here. 

Mediation and Facilitation

This specialist area of dispute resolution is increasingly being used for property disputes.

 

Phillip Curnow offers the role of facilitator between two valuers, where the valuation difference between the parties does not warrant the cost of a third valuation opinion. Especially when the parties just require finalising of their dispute.

 

By the parties agreement, facilitation allows the valuers to outline the matters that support their opinion. The facilitator would test the respective opinions and encourage and assist the two valuers to jointly arrive at a settlement that can then be put in writing.

 

This process has also been referred to as evaluative mediation, however, the valuer facilitation would not usually include the parties, only the experts, and / or registered valuers.

42 Liverpool Street

PO Box 795

Hamilton, 3204

New Zealand