Fees and Expenses: Grocery Industry Dispute Resolution Scheme
Page overview
Dispute Resolution Costs
Mediation
Adjudication
Low Value Claims
General Claims
Scheme Funding Costs
For Regulated Grocery Retailers only.
Dispute Resolution Costs
Scheme Fees and Expenses
The Fees and Expenses for dispute resolution under the Scheme will be those that appear on this Website at the time the Application for dispute resolution is made. Reference should also be made to the detailed provisions relating to Costs in the Scheme Rules (see Rules 11.1 to 11.3 for Mediation and Rules 24.2 to 24.15 for Adjudication).
The fees and expenses for the Scheme’s dispute resolution services for the financial year beginning on 1 April 2026 and ending on 31 March 2027 are set out below (all Fees are stated exclusive of GST).
Mediation
The scheme fees and expenses of Mediation are as follows:
Service Type | Fee |
|---|---|
Half-day Mediation including preparation time: | $3,450.00 |
Full-day Mediation including preparation time: | $6,500.00 |
together with all costs and expenses incurred by NZDRC in relation to the Mediation. Such expenses may include for example, travel costs and accommodation, room and equipment hire, and refreshments. | |
Unless the Parties have agreed otherwise, the Regulated Grocery Retailer will pay the Mediator’s Fee and the Parties will meet their own costs and expenses of the Mediation (for example, legal or expert fees).
Adjudication
The scheme fees and expenses of Adjudication fall into two categories:
- the Low-Value Claim Scheme (LVC Scheme) where:
- the claim is for a sum of money less than $100,000;
- the dispute involves three or fewer issues; and
- the volume of materials required to present the case falls within the limits set out below; and
- General Claims where the Adjudicator’s Fee is based on the time engaged on the duties of the matter by the Adjudicator. The cost of Adjudication depends on many factors including the number and complexity of the matters in issue, the volume of documentation and evidence provided, the manner in which the documentation and other evidence is provided, whether and to what extent a party chooses to engage legal or other expert advisers to assist in the preparation of a claim or response, and any costs and expenses incurred by NZDRC in relation to the Adjudication.
The standard position is that the Regulated Grocery Retailer must pay the Adjudicator’s Fee and the Parties must pay their own costs and expenses of the Adjudication (for example, legal fees or experts’ fees).
However, regardless of who was successful in the Adjudication, the Adjudicator may make a different determination about the payment of Costs if, for example, they consider a claim frivolous, vexatious or without substantial merit, or a Party acted in a contemptuous or improper manner during the Adjudication (see Rules 24.7 and 24.8).
Low-Value Claim Schemes
NZDRC provides a fixed fee adjudication scheme for low-value claims of limited complexity. The LVC Scheme is aimed at providing the Parties with certainty about the cost of taking a dispute to adjudication under the Scheme so that they can make an informed decision on whether to proceed.
This ensures that the cost of resolving a low-value claim by adjudication is proportionate to the amount in dispute (including GST). The Fee structure (all Fees are stated exclusive of GST) and terms and conditions of the LVC Scheme are as follows:
Code | Value of Claim (incl. GST) | Fee (excl. GST) | Number of issues | Document limit for claim* |
|---|---|---|---|---|
LVC5 | < $5,000 | $1,500 | 3 | 15 pages |
LVC10 | $5,000 < $10,000 | $2,500 | 3 | 15 pages |
LVC20 | $10,000 < $20,000 | $3,750 | 3 | 20 pages |
LVC30 | $20,000 < $30,000 | $5,000 | 3 | 30 pages |
LVC40 | $30,000 < $40,000 | $6,250 | 3 | 40 pages |
LVC50 | $40,000 < $50,000 | $7,500 | 3 | 50 pages |
LVC60 | $50,000 < $60,000 | $8,750 | 3 | 60 pages |
LVC80 | $60,000 < $80,000 | $10,000 | 3 | 80 pages |
LVC100 | $80,000 < $100,000 | $12,000 | 3 | 100 pages |
Conference, visit or inspection: If required an additional fee of $750 will be payable plus any mileage or travel expenses incurred by the Adjudicator. | ||||
Early withdrawal fee: If the claim is withdrawn prior to a Determination being issued, an administrative fee of $750 will be payable plus a fee calculated on the basis of the time engaged by the Adjudicator at their usual hourly rate. This early withdrawal fee is capped at the total fixed fee payable had the case proceeded to a determination. | ||||
*Documents that the Claimant may file in support of the claim are limited to the Notice of Dispute, the claim, the reply, the contract or any other legal instrument that records the terms of the Parties’ relationship, and documentary evidence restricted to the number of pages as set out above. | ||||
General Claims
The Adjudication will proceed as a General Claim if any of the following apply:
- the amount in dispute is $100,000 or greater,
- the amount in dispute is less than $100,000, but the claim does not meet the other criteria for low-value claims set out above because:
- there are more than three issues or
- the evidence submitted in support of the claim exceeds the permitted page limit
- the claim or response presents undue complexity (as determined by the Adjudicator) or
- the claim is consolidated with one or more other claims.
For General Claims, the Adjudication Fee will be calculated based on the time spent by the Adjudicator on the claim at their usual hourly rate. Where the Adjudication is undertaken on the documents only (that is, without a hearing), the Adjudication Fee will be capped in the amounts per ‘band’ set out below unless there are extraordinary circumstances as determined by the Adjudicator.
Bands (by the value of the claim including GST) and caps on Fees for General Claims determined on the documents are as follows (all Fees are stated exclusive of GST):
Band (by value of claim incl. GST) | Cap on Fee (excl. GST) |
|---|---|
< $500,000 | $16,750 |
$500,000 < $1,000,000 | $21,500 |
$1,000,000 < $1,500,000 | $26,250 |
$1,500,000 < $2,000,000 | $31,000 |
$2,000,000 < $2,500,000 | $35,750 |
$2,500,000 < $3,000,000 | $40,500 |
$3,000,000 < $4,000,000 | $45,250 |
$4,000,000 ≤ $5,000,000 | $50,000 |
Conference, visit or inspection: If required an additional fee of $750 will be payable plus any mileage or travel expenses incurred by the Adjudicator. | |
Early withdrawal fee: If the claim is withdrawn prior to a Determination being issued, an administrative fee of $750 will be payable plus a fee calculated on the basis of the time engaged by the Adjudicator at their usual hourly rate. This early withdrawal fee is capped at the total fixed fee payable had the case proceeded to a determination. | |
Scheme Funding Costs
The Scheme is funded by every person designated as a Regulated Grocery Retailer under sections 9 or 27 of the Act, insofar as they are a Regulated Grocery Retailer for any period of time during that financial year.
A Regulated Grocery Retailer may obtain information relating to the Scheme Funding Costs by clicking on the ‘Request Funding Costs’ button below.