The arbitration of trust disputes in New Zealand-a new frontier?

Several provisions in New Zealand's Trust Act seek to create a regime for the determination of trust disputes through alternative dispute resolution processes. At first blush, the regime seems to resolve the question of whether trust disputes are amenable to resolution through arbitration. However, on closer inspection, the regime gives rise to some real concerns about the recognition and enforceability of some awards, especially when those awards are rendered without the consent of all otherwise interested parties. This article discusses the regime and explores those concerns to highlight the perceived shortcomings.