Part 1Preliminary1Short titleThis regulation may be cited as the Farm Business Debt Mediation Regulation 2017.2CommencementThis regulation commences on 1 July 2017.3DefinitionsIn this regulation—change of mediator notice see section 8(2).mediator nomination notice see section 5(1).response to mediator nomination notice see section 6(1).4Purpose of regulation—Act, s 18This regulation prescribes, for section 18 of the Act, the way in which parties to a farm business debt must choose a mediator to conduct a mediation for the farm business debt.Part 2Choosing mediator5Farmer nominates 3 preferred mediators(1)The farmer must give the mortgagee a notice (a mediator nomination notice) that states at least 3 mediators, in order of preference, from which the mortgagee may choose a mediator.(2)A mediator nomination notice may be included in, or given with, a request for mediation notice. (3)The mediator nomination notice must be given no later than 7 business days after the mortgagee gives the notice under section 16(3)(b) of the Act.(4)A copy of the mediator nomination notice must also be given to the authority no later than the time mentioned in subsection (3).6Mortgagee responds to nominated mediators(1)The mortgagee must give a notice (a response to mediator nomination notice) to the farmer in response to the mediator nomination notice—

(a)choosing a mediator from those nominated in the mediator nomination notice; or

(b)rejecting the nominated mediators.

(2)A response to mediator nomination notice may be included in, or given with, a notice given by the mortgagee under section 16(3)(b) of the Act.(3)The response to mediator nomination notice must be given no later than 7 business days after receiving the mediator nomination notice. (4)A copy of the response to mediator nomination notice must also be given to the authority no later than the time mentioned in subsection (3).7Failure to agree on mediator(1)This section applies if the mortgagee—

(a)gives a response to mediator nomination notice rejecting the mediators nominated by the farmer; or

(b)does not give a response to mediator nomination notice to the farmer within the time mentioned in section 6(3).

(2)The authority must choose a mediator to conduct the mediation and give both parties notice of the chosen mediator—

(a)if the mortgagee has rejected the nominated mediators—no later than 7 business days after receiving the response to mediator nomination notice; or

(b)if the mortgagee has not given a response to mediator nomination notice within the required time—no later than 7 business days after the day the response to mediator nomination notice was due to be given.

8Mediator unavailable or change of mediator agreed(1)This section applies if—

(a)a mediator chosen under section 6 or 7 is not available to conduct the mediation; or

(b)the parties agree to change the mediator before mediation starts.

(2)The farmer must give a notice (a change of mediator notice) to the mortgagee confirming the parties will choose a different mediator.(3)The change of mediator notice must be given—

(a)if the chosen mediator is not available—no later than 7 business days after the farmer first becomes aware the mediator is not available; or

(b)if the parties agree to change the mediator—no later than 7 business days after the parties agree to change.

(4)A copy of the change of mediator notice must also be given to the authority no later than the time mentioned in subsection (3).(5)No later than 7 business days after the farmer gives the change of mediator notice, the farmer must give—

(a)a new mediator nomination notice under section 5(1) to the mortgagee; and

(b)a copy of the new mediator nomination notice to the authority.

(6)Sections 6 and 7 apply for the purpose of the parties choosing another mediator.