Farm Debt Mediation Bill (No 2)

Hon Damien O’Connor

Farm Debt Mediation Bill (No 2)

Government Bill

155—1

Contents

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

The Parliament of New Zealand enacts as follows: