Victoria University of Wellington Law Review

The Impact of the COVID-19 Pandemic on Mediation and New Zealand's Dispute Resolution System

Grant Morris — 2024-05-29

The COVID-19 pandemic has transformed mediation practice in New Zealand's institutional, government-led mediation regimes. The introduction of lockdowns, social distancing and personal protective equipment created a "new normal" for the delivery of consensual third-party dispute resolution in this area. Many of the changes introduced during the pandemic remain despite the removal of restrictions in 2022. This article explores New Zealand's online alternative dispute resolution (ADR) capacity on the eve of the pandemic. This limited capacity was severely tested during the first lockdown in 2020, highlighting barriers and challenges but also opportunities. However, it was the second major lockdown beginning in August 2021 that cemented many of the changes. In addition to exploring the New Zealand experience, this article provides specific case studies, such as employment mediation, and make some comparisons with apposite overseas jurisdictions. ADR, and mediation in particular, is at a crossroads. A choice must now be made whether to return to a primarily in-person model or continue to emphasise online delivery.

Is Land Really Unique?: Revisiting Specific Performance as the Default Remedy for Land Sale Contracts in New Zealand

Moshood Abdussalam — 2024-05-29

The argument put forth in this article is that land sale contracts, unless proven to possess unique characteristics, are not inherently different from other types of contracts. The article proposes a shift from treating specific performance as the default remedy for enforcing land sale contracts. Instead, the remedy of specific performance should be considered applicable only in exceptional situations, as is the case for contracts generally. The article also addresses the nature of damages in lieu of specific performance and suggests a reconsideration of how that remedy applies to land sale contracts.

Banking While Insolvent: Issues Faced by Insolvent Banking Customers Around Account Closure or Suspension

Carys Robson — 2024-05-29

This article presents evidence that suggests the major banks in New Zealand have had a practice of using their discretionary 'terms and conditions' powers to close or suspend the bank accounts of customers who go into an insolvency procedure. This can have a significant detrimental impact on the insolvent person and a blanket policy of this nature would not appear to be based on sound justification. This article suggests that an effective way to influence the banks' practices in this area could be through the conduct of financial institutions (CoFI) regime, expected to take effect in 2025.