the arbitration agreement is enforceable against the consumer only if—
(c) the consumer, by separate written agreement entered into by the consumer and the other party to the contract after a dispute has arisen out of, or in relation to, that contract, certifies that, having read and understood the arbitration agreement, the consumer agrees to be bound by it; and
(2) For the purposes of this section, a person enters into a contract as a consumer if—
(3) Subsection (1) applies to every contract containing an arbitration agreement entered into in New Zealand notwithstanding a provision in the contract to the effect that the contract is governed by a law other than New Zealand law.
(4) For the purposes of article 4 of Schedule 1, subsection (1) shall be treated as if it were a requirement of the arbitration agreement.
(5) Unless a party who is a consumer has, under article 4 of Schedule 1, waived the right to object to non-compliance with subsection (1), an arbitration agreement which is not enforceable by reason of non-compliance with subsection (1) shall be treated as inoperative for the purposes of article 8(1) of Schedule 1 and as not valid under the law of New Zealand for the purposes of articles 16(1), 34(2)(a)(i), and 36(1)(a)(i) of Schedule 1.
(6) Nothing in this section applies to—
Section 11(1)(c): substituted, on 18 October 2007, by section 5(1) of the Arbitration Amendment Act 2007 (2007 No 94).
Section 11(2)(aa): inserted, on 18 October 2007, by section 5(2) of the Arbitration Amendment Act 2007 (2007 No 94).
Section 11(6): substituted, on 18 October 2007, by section 5(3) of the Arbitration Amendment Act 2007 (2007 No 94).