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Telecommunications Act 2001

Consumer matters - Commission review of industry dispute resolution schemes

246: Commission review of industry dispute resolution schemes

You could also call this:

"The Commission checks how well problem-solving schemes work and makes sure they are fair."

Illustration for Telecommunications Act 2001

The Commission checks industry dispute resolution schemes every 3 years. You can think of a dispute resolution scheme like a way to solve problems between people. The Commission looks at things like how well the scheme works and if it is fair.

The Commission can ask for information from the people who run the scheme. They use this information to decide if the scheme is working well. If the scheme is not working well, the Commission makes recommendations to improve it.

If the people who run the scheme do not follow these recommendations, the Commission tells the Minister. The Minister is a person who helps make big decisions about the country. The Commission also gives the people who run the scheme a chance to comment on their report before they send it to the Minister.

The Commission checks if the scheme follows the rules set out in section 247 and if the dispute resolution provider follows the rules set out in section 248. They do this to make sure the scheme is working as it should. If the scheme is not working as it should, the Commission tells the people who run the scheme and gives them a chance to comment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS134664.

Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rules
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245: Compliance with rules, binding settlements, and determinations, or

"Following the rules of a dispute resolution scheme"

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247: Purpose of dispute resolution scheme, or

"Helping you solve problems with your phone or internet service"

Part 7Consumer matters
Commission review of industry dispute resolution schemes

246Commission review of industry dispute resolution schemes

  1. The Commission must review each industry dispute resolution scheme at least once every 3 years.

  2. As part of a review of a scheme, the Commission may, without limitation, consider the following:

  3. the purpose of the scheme:
    1. the scheme provider:
      1. the dispute resolution provider for the scheme:
        1. the effectiveness of the scheme in resolving complaints by consumers against service providers:
          1. the adequacy of the scheme rules:
            1. whether the scheme rules comply with the following principles:
              1. accessibility:
                1. independence:
                  1. fairness:
                    1. accountability:
                      1. efficiency:
                        1. effectiveness:
                        2. whether any recommendations for improving the scheme made under subsection (4) have been implemented:
                          1. the purpose of the dispute resolution provider for the scheme:
                            1. the procedures that are used for receiving, investigating, and resolving complaints:
                              1. how promptly complaints are dealt with.

                                1. The Commission may require the following persons to provide the Commission with any information relevant to the matters included in subsection (2):

                                2. the dispute resolution provider for the scheme:
                                  1. the scheme provider:
                                    1. a scheme member.

                                      1. After each review, the Commission must provide a report to the scheme provider on any recommendations for improving the scheme and when the recommendations should be implemented.

                                      2. If the Commission considers that any recommendations made under subsection (4) have not been implemented satisfactorily, the Commission must provide a report to the Minister on—

                                      3. the recommendations for improving the scheme made under subsection (4); and
                                        1. whether those recommendations have been implemented; and
                                          1. whether, in the Commission’s opinion,—
                                            1. the scheme fails to achieve the purpose set out in section 247; or
                                              1. the dispute resolution provider for the scheme fails to achieve the purpose set out in section 248.

                                              2. If the Commission proposes to report, under subsection (5)(c), that a scheme fails to achieve the purpose set out in section 247 or that the dispute resolution provider for the scheme fails to achieve the purpose in section 248, the Commission must give the following persons 20 working days to make submissions on a draft report:

                                              3. the dispute resolution provider for the scheme:
                                                1. the scheme provider:
                                                  1. a scheme member.

                                                    Notes
                                                    • Section 246: inserted, on , by section 36 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).