Farm Debt Mediation Act 2019

Coat of Arms of New Zealand

Farm Debt Mediation Act 2019

Public Act
 
2019 No 73
Date of assent
 
13 December 2019
Commencement
 
see section 2

Contents

1Title
2Commencement
3Purpose of Act
4Outline of Act
5Outline of mediation requests and mediation process
6Interpretation
7Transitional, savings, and related provisions
8Act binds the Crown
9Status of examples
10Meaning of enforcement action
11When creditor cannot take enforcement action
12Restriction does not apply if parties enter into mediation agreement
13Restriction does not apply if farmer is subject to insolvency proceeding or process
14Enforcement action in contravention is void
15Farmer may request mediation at any time
16Creditor may request mediation at any time after default
17Reply to mediation request
18Creditor must have good reason to decline to mediate
19Extension of time for farmer’s reply
20When mediation is declined
21Appointment of mediator
22Procedure agreement
23Costs of mediation
24Conduct of mediation
25Duration of mediation process
26Parties must mediate in good faith
27Mediation report
28Matters covered in mediation are confidential
29Mediation agreement
30Preparation of and entry into mediation agreement
31Enforcement of mediation agreement
32Right to cancel mediation agreement
33Effect of cancellation
34Grounds for enforcement certificate
35Grounds for prohibition certificate
36Application for certificate
37Notice to other party
38Issue of enforcement certificate
39Issue of prohibition certificate
40Notice of decision
41Content of certificate
42Duration of certificate
43Effect of expiry of enforcement certificate
44Approval of mediation organisations
45Suspension or cancellation of approval
46Authorisation of mediators
47Conflicts of interest
48Exclusion of liability
49Requirements for mediation organisations and mediators
50Decisions subject to administrative review
51Application for administrative review
52Opportunity to make submissions
53Conduct of administrative review
54Determination of application
55Notice of determination
56Application for administrative review acts as stay
57Appeals on question of law
58No contracting out
59Restriction applies to guarantors
60Multi-party mediation
61Appointment of receiver allowed by court order in event of urgency
62Notices
63Published requirements
64Power to make regulations by Order in Council
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: