sec.13Conflicts of interest— Act , s 80

sec.13 Conflicts of interest— Act , s 80

For section 80 (b) of the Act , an adjudicator has a conflict of interest if— the adjudicator or a family member of the adjudicator— is, or is contracted to be, employed or otherwise engaged by the claimant or respondent for the adjudication application; or is an owner of a building, structure or land in relation to which construction work or the supply of related goods and services to which the adjudication application relates is being carried out; or is carrying out construction work or the supply of related goods and services in relation to a building, structure or land to which the adjudication application relates; or has a direct or indirect pecuniary or other interest in a matter to be considered during the adjudication that could conflict with the proper performance of the adjudicator in adjudicating the adjudication application; or the claimant or respondent for the adjudication application is a family member of the adjudicator. For subsection (1) , a person is a family member of the adjudicator if the person is— the adjudicator’s spouse; or a grandparent, parent, uncle, aunt, brother, sister, cousin, child, nephew, niece or grandchild of— the adjudicator; or the adjudicator’s spouse; or a spouse of a person mentioned in paragraph (b) . In this section— freehold land see the Land Act 1994 , schedule 6 . owner — of a building or structure, means the owner of the building or structure under the Building Act 1975 ; or of land, means the following— if the land is freehold land—the registered owner of the land; if the land is the subject of a lease registered under the Land Title Act 1994 —the lessee of the land; if the land is the subject of a lease registered under the Land Act 1994 —the lessee of the land; if the land is a reserve—the trustee of the reserve; if a person has occupation rights in relation to the land under a licence or permit—the licensee or permittee. reserve see the Land Act 1994 , schedule 6 . s 13 ins 2018 SL No. 177 s 10 (sec.13-ssec.1) For section 80 (b) of the Act , an adjudicator has a conflict of interest if— the adjudicator or a family member of the adjudicator— is, or is contracted to be, employed or otherwise engaged by the claimant or respondent for the adjudication application; or is an owner of a building, structure or land in relation to which construction work or the supply of related goods and services to which the adjudication application relates is being carried out; or is carrying out construction work or the supply of related goods and services in relation to a building, structure or land to which the adjudication application relates; or has a direct or indirect pecuniary or other interest in a matter to be considered during the adjudication that could conflict with the proper performance of the adjudicator in adjudicating the adjudication application; or the claimant or respondent for the adjudication application is a family member of the adjudicator. (sec.13-ssec.2) For subsection (1) , a person is a family member of the adjudicator if the person is— the adjudicator’s spouse; or a grandparent, parent, uncle, aunt, brother, sister, cousin, child, nephew, niece or grandchild of— the adjudicator; or the adjudicator’s spouse; or a spouse of a person mentioned in paragraph (b) . (sec.13-ssec.3) In this section— freehold land see the Land Act 1994 , schedule 6 . owner — of a building or structure, means the owner of the building or structure under the Building Act 1975 ; or of land, means the following— if the land is freehold land—the registered owner of the land; if the land is the subject of a lease registered under the Land Title Act 1994 —the lessee of the land; if the land is the subject of a lease registered under the Land Act 1994 —the lessee of the land; if the land is a reserve—the trustee of the reserve; if a person has occupation rights in relation to the land under a licence or permit—the licensee or permittee. reserve see the Land Act 1994 , schedule 6 .