Sam Maling CFInst D

Present Position

Arbitrator Adjudicator & Mediator

Professional Experience

Law Professional since 1969;

Chartered Fellow NZ Institute of Directors.

Arbitrators and Mediators Institute of New Zealand (AMINZ)-Arbitration, Adjudication and MediationPanelist. Family Law Arbitration List.

NZ Dispute Resolution Centre (NZDRC & FDRC)- Principal Panelist Arbitration and Mediation.

Career Summary

Law experience includes over 45 years’as an advocatewith a special interest in:

  • Local Authority work (Hospitals and Health work; Port Authority work))
  • Insurance work forLawyers, Accountants and Engineers
  • Property disputes ( including Family Relationship Property work)
  • Succession,Trust,Trustee and Trust Company work
  • Company and Commercial problems including Shareholder disputes
  • Negligence and other personal liabilty cases

  • Resource Management (Consenting and prosecution defence work for water irrigation,coastal and harbours);

  • Public Works including compensation claims and High Country Tenure Review

  • Judicial Review
  • Disciplinary Tribunal (Accountants, Lawyers and Motor Vehicle Dealers)

Previous appointments include:

  • Partner Lane Neave Lawyers, Christchurch, from 1972 to 1998, Executive Chairman 1994 to 1997

  • Broadcasting Standards Authority Chair 1997 to 2000. A quasi-judicial authority determining complaints and code compliance.

President Canterbury District Law Society 1994 (council member), 1985 to 1994

Vice-President New Zealand Law Society 1995 – 1998

New Zealand Counciland New Zealand Law Society Board Member 1993-98

Business and Governance

  • 14 years (1996-2010) NZX Listed companies Pyne Gould Corporation Limited PGG Wrightson (PGW) and NZ Farming Systems (Uruguay) Ltd (NZFSU). Board governance and committee work; listing compliance; Bond and capital issues, prospectus work and investor relations

Chair PGC Group 1999-2010.

  • Financial Services (MARAC director and Chair) Trustee Services (Perpetual Trust director and Chair) 1996-2010

Chair Foundation Corporate Trust - an FMA StatutorySupervisor2011-15

Appointments

  • Member – NZ Council of Legal Education 2010 –
  • Member-Lawyers and Conveyancers Disciplinary Tribunal 2011-
  • Chairman Lofts Body Corporate-Queenstown residential complex 2005-
  • NZ IOD presenter and Facilitator 2011-
  • NZ Law Society practitioner member
  • NZ Bar Association member
  • Dispute Resolution Practitioner FairWay Resolution Ltd

Publications

I have been recorded as Counsel in a number of reported decisions over my years in practice.Google me if you are intereseted or want to see the sort of cases I have handled.

In my role with Broadcasting Standards published complaint decisions are a matter of record.These can be accessed through the BSA website.

Personal Summary

Today the focus of my work as an Arbitrator, Adjudicator

and Mediator.

For more information on how I make this work and to check for possible conflicts see my website www.sammaling.nz

Speciality Areas

In my work as an Arbitrator and Adjudicator I have conducted hearings involving parties throughout New Zealand across a broad range of issues including:

  • Lease disputes including rights to renew, exercise of options, rent review and valuation disputes, cancellation, termination and reinstatement of premises
  • Commercial disputes including Franchise obligations,contract interpretation and declaration work,claims for breach of contract,specific performance, and damages. Interim relief, taking of Accounts and injunctions.
  • Land and property work including Sale and Purchase disputes,restrictive covenant compliance, Public Works Acquisition and Compensation,Unit Titles and cross lease title work.
  • Legal and Accounting practice disputes including dissolutions, valuation and goodwill issues.

  • Building and Construction disputes including Construction Contracts Act Adjudication

  • Rural Business and farm partnership disputes including Shareholder Agreement disputes,share valuation, taking of accounts and dissolution;Dairy joint venture disputes; Sharemilking disputes

  • Company Governance disputes including share valuations; director differences; pre-emptive rights; minority oppression and Body Corporate disputes
  • Trust and Trustees disputes
  • Family Property disputes including Relationship Property division and Trust Resettlement

As a Mediator I have worked in many of the above listed specialty areas but notably in Valuation matters, including settling claims for compensation following compulsory acquisiton.

I have also worked as a Facilitator a role which has been made easier for me through my business experince leading an NZ Listed organisation.Relevantly I have experience in this context as :

  • An Independent Chair on both private and public issues
  • New Zealand Broadcasting Standards – Facilitating and negotiating Codes for Free to Air and Pay Television; TV and Radio complaints work generally.

Qualifications

LLB Canterbury University 1969