Te Ture Whenua Maori Act 1993
Maori Land Act 1993

26J Conduct of mediation


A Judge may advise a mediator of the issues that need to be addressed at mediation.


The following persons are entitled to attend and participate in a mediation:


parties affected and their representatives; and


any other person with the leave of the Judge addressing the application.


A mediator may—


follow those procedures (structured or unstructured) and do those things the mediator considers appropriate to resolve the issues referred to the mediator promptly and effectively; and


receive any information, statement, admission, document, or other material in any way or form the mediator thinks fit, whether or not it would be admissible in judicial proceedings.


Written and oral material presented at or for the mediation must be kept confidential by the mediator and those participating in the mediation, unless the party who produces the material consents to its disclosure.


No person may be sued for defamation for statements made in mediation.


Statements made and material presented at a mediation are admissible in a subsequent mediation of the same issues but are not admissible in other proceedings before a person acting judicially, unless the parties participating in the mediation consent to the admission of the statement or material.

Section 26J: inserted, on 26 September 2004, by section 3 of Te Ture Whenua Maori Amendment Act (No 2) 2004 (2004 No 79).