THE MISSING PIECE: The case for mandating Dispute Resolution Boards for major public infrastructure projects in New Zealand

Statutory adjudication has become the New Zealand construction sector’s go-to dispute resolution method since its introduction via the Construction Contracts Act 2002. However, adjudication has developed a reputation in some quarters as a ‘rough and ready’ solution which sacrifices analytical rigour for efficiency. Against this backdrop, and in the absence of other wholly satisfactory dispute resolution methods, I propose the widespread adoption of Dispute Resolution Boards (DRBs) in New Zealand, given their impressive track record of resolving and preventing disputes in overseas projects. I suggest the phased introduction of DRBs through government procurement for large public infrastructure projects, guided by the Construction Sector Accord.

Author
George Sabonadière
Publication year
2022