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We make an independent decision
We can help resolve your dispute in two ways – through mediation and adjudication. We recommend mediation as the first step. If matters remain unresolved after mediation or if mediation is not suitable for you, you can use our adjudication service.
Adjudication is a good choice if you need someone independent to make a decision. An adjudicator is a trained expert who weighs up all the evidence in a dispute and makes a legally binding decision on the matter. They will review all the information and submissions provided and consider the law and industry practice. It’s their role to make an independent decision from a neutral perspective.
Adjudication is fast and independent so you can resolve disputes quickly and move on.
You can get in touch by phone, email or online:
We will check if we can help, find out more about you, and answer any questions.
You can tell us about your needs and learn about support options.
We will inform NHC Toka Tū Ake, who provide NHCover, that you wish to participate in adjudication.
Our Resolution Coordinator will guide you through the process and make all the arrangements for your adjudication. They’ll stay in touch with you each step of the way.
A case conference is an opportunity to get things ready for the adjudication. This is usually an online meeting where you join the adjudicator and a representative from NHC Toka Tū Ake.
If necessary, a case conference will be arranged with the adjudicator to:
This may not be needed in all cases, for example if you have already met in mediation.
Each participant may be asked to prepare a short summary that outlines the issues, background, and their views on the dispute.
You might be asked to share useful information, such as copies of expert reports or statements from witnesses that support your position. If you engage experts for advice or to produce a report, you will need to cover this cost.
This is then shared with everyone involved in the process, including the adjudicator. You have the right to reply to statements.
The adjudicator considers the statements, information and evidence provided.
They will make a fresh decision on your claim based on the Act and Regulations.
The adjudicator usually makes their decision ‘on the papers’, so based on the information provided. In some circumstances, they may also arrange for a hearing for you all to discuss these materials.
During this process, the adjudicator can make a determination that may result in one or more of the following outcomes:
If the adjudicator finds in your favour, they will direct NHC Toka Tū Ake to relook at the decision so they can take the next steps in the claims process.
Before adjudication, we recommend taking some time to think about the issue, how to explain it and why you disagree with the decision that has been made.
The adjudicator will ask you to provide a summary in writing to make sure they have all the details and to help them understand the issue. They will ask you to outline the issues, background, and your views on the dispute.
We also recommend that you share any useful information that you can. Depending on the nature of your dispute, technical advice from experts about the cause of damage or what the damage is can be useful. Experts may include assessors, estimators, surveyors, valuers, engineers, builders or drainage specialists. If you engage technical experts for advice or to produce a report, you will need to cover this cost.
Yes. The adjudicator’s decision is legally binding on the parties. It can be enforced by the courts.
If you disagree with the decision, you have a right to appeal it in court. In most cases, the appeal must be made to the court within 20 working days.
The full process, from initial contact to final decision, usually takes around six to eight weeks but up to four months can be allowed.
It’s quick and easy to get started. Simply get in touch by: