Arbitrators’ Institute of New Zealand Inc v Legal Services Board: 1995

(New Zealand) A dispute had been referred to arbitration, and the question was whether a private arbitrator was a ‘judicial authority’.
Held: In their natural and ordinary meaning those words referred to a person or body: ‘ . . having power to judge a matter before it, which power is derived from the state.’ After a lengthy examination of the statutory context and its legislative history, the judge concluded that a private arbitrator, whose authority derived from the consent of the parties and not from the state, was not a ‘judicial authority’ within the meaning of the subparagraph.


[1995] 2 NZLR 202


England and Wales

Cited by:

CitedPauline Eunice Tangiora v Wellington District Legal Services Committee PC 4-Oct-1999
PC (New Zealand) The appellants claimed that their treatment by the respondent infringed their human rights as guaranteed by the respondents signing the Convenant. They wanted to apply to the International . .
Lists of cited by and citing cases may be incomplete.

Legal Aid

Updated: 19 May 2022; Ref: scu.199553