Complex Challenges in Forestry: AMINZ Speaks at NZIF Conference

AMINZ was invited to take part in New Zealand Institute of Forestry (NZIF)’s conference this year. Representing AMINZ were dispute resolution specialists and past Presidents Royden Hindle and Mark Kelly, who contributed their expertise to important discussions on strengthening the sector’s approach to managing conflict. 

NZIF’s “Emerging Stronger” conference (26–28 June 2025) brought together a diverse group of experts, researchers, conservationists, policymakers and community leaders, to address the complex challenges facing New Zealand’s forests, especially in the aftermath of the devastating cyclones. 

Royden and Mark led a session titled “Dispute Resolution and Negotiation”, focusing on the vital role dispute resolution has in the forestry sector. As with many industries, forestry relies heavily on contracts – for land and forestry rights, planting, asset management, carbon credits, silviculture, harvesting, transport, and log sales.  

“Disputes are an unavoidable part of doing business, making effective dispute resolution (DR) mechanisms essential,” shares Royden. “This raised a timely and practical question: Are the commonly used DR clauses in forestry contracts truly fit for purpose?” 

They emphasised how DR clauses are often treated like parachutes - overlooked until urgently needed. To illustrate what makes an effective clause, they looked at the dispute resolution continuum, explaining the differences between processes such as negotiation, mediation, expert determination, arbitration, and litigation. They also explored potential complications that can arise from poorly drafted or overly rigid "waterfall" DR clauses. 

The session featured a hypothetical scenario that encouraged practical, interactive discussion and sparked strong engagement from attendees. It concluded with a lively exchange on the strengths and risks of commonly used DR clauses in the sector.  

“Mark and I thoroughly enjoyed the exchange of ideas and perspective,” says Royden. “We hope the session delivered what the NZIF was looking for. It was certainly a great experience from our point of view. We’d be happy to be asked again!” 

Photo credit: NZIF