sec.36Acceptance or refusal of referral

sec.36 Acceptance or refusal of referral

If a party (the referring party ) refers a land access dispute to the land access ombudsman, the ombudsman may— accept the land access dispute referral; or refuse to accept the land access dispute referral; or give a direction under section 37 in relation to the land access dispute referral. The land access ombudsman must refuse to accept the land access dispute referral if— the referral is about a matter mentioned in section 18 (1) ; or the ombudsman is satisfied— the referring party has not complied with section 32 (2) ; or the land access dispute referral is frivolous or vexatious or has not been made in good faith; or the subject of the land access dispute is trivial; or in the circumstances, the investigation of the matter the subject of the land access dispute is unnecessary or unjustifiable; or the referring party has not given the ombudsman reasonable help as required under section 35 (2) . For subsection (2) (b) (i) , the land access ombudsman may be satisfied the referring party has complied with section 32 (2) regardless of whether the referring party has used, or attempted to use— for a conduct and compensation agreement—the dispute resolution process, if any, in the agreement; or for a make good agreement— the dispute resolution process, if any, in the agreement; or the process under the Water Act 2000 , chapter 3 , part 5 , division 4 . s 36 amd 2024 No. 33 s 52 (uncommenced amendment) (sec.36-ssec.1) If a party (the referring party ) refers a land access dispute to the land access ombudsman, the ombudsman may— accept the land access dispute referral; or refuse to accept the land access dispute referral; or give a direction under section 37 in relation to the land access dispute referral. (sec.36-ssec.2) The land access ombudsman must refuse to accept the land access dispute referral if— the referral is about a matter mentioned in section 18 (1) ; or the ombudsman is satisfied— the referring party has not complied with section 32 (2) ; or the land access dispute referral is frivolous or vexatious or has not been made in good faith; or the subject of the land access dispute is trivial; or in the circumstances, the investigation of the matter the subject of the land access dispute is unnecessary or unjustifiable; or the referring party has not given the ombudsman reasonable help as required under section 35 (2) . (sec.36-ssec.3) For subsection (2) (b) (i) , the land access ombudsman may be satisfied the referring party has complied with section 32 (2) regardless of whether the referring party has used, or attempted to use— for a conduct and compensation agreement—the dispute resolution process, if any, in the agreement; or for a make good agreement— the dispute resolution process, if any, in the agreement; or the process under the Water Act 2000 , chapter 3 , part 5 , division 4 .

• (a) accept the land access dispute referral; or