Do you have a newsletter for education providers?
Yes – we have a quarterly newsletter which includes our latest news, tips for resolving complaints and case studies from our service. Click here to subscribe.
Do you take sides?
No. Our role is to be neutral. We focus on early resolution and aim to help you reach a mutual agreement. If you cannot reach an agreement, we will make an independent decision based on the information provided and from a legal standpoint.
What remedies or redress options are possible?
Anything is possible through facilitation and mediation. A student and their education provider can explore options and reach any agreement together.
If the matter goes to adjudication, the adjudicator will decide on whether to uphold the dispute or not. Under the scheme rules, the adjudicator may direct the following remedies:
(a) that the provider make a public acknowledgment and apology that it has committed a breach of the student claimant’s rights or that some other harm has been suffered:
(b) that the provider pay the student claimant an amount not exceeding $200,000 for the damage, loss, or inconvenience suffered (for example, the impact on the student claimant’s health, the duration of the dispute, or attempts to resolve the dispute using the provider’s internal processes) resulting from the dispute as judged by the adjudicator:
(c) that the provider take any other action directed by the adjudicator to remedy the dispute:
(d) that the provider provide any reasonable non-monetary redress for any damage, loss, or inconvenience resulting from the dispute:
(e) that the provider—
- review any of its rules, bylaws, or policies relating to the conduct that gave rise to the dispute; or
- refrain from continuing or repeating the conduct that has given rise to the dispute; or
- take any other appropriate action (other than an action described in subclause (2) to resolve the dispute.
The adjudicator may recommend that the provider establish rules, bylaws, or policies that are aimed at preventing the conduct that gave rise to the dispute.
Is there anything Study Complaints | Ngā Amuamu Tauira does not cover?
Study Complaints | Ngā Amuamu Tauira can usually help with financial and contractual disputes. We can also assist with claims for redress after an NZQA investigation finds that there has been a breach of the Code.
Study Complaints | Ngā Amuamu Tauira may decline to accept a complaint if:
- If it is outside the jurisdiction of the dispute resolution scheme (DRS). For example, if it is about your care and the Code and NZQA have not yet investigated your complaint, we may direct your complaint to NZQA.
- the provider has not been given an adequate opportunity to resolve the dispute.
- the dispute has been dealt with in another forum, unless new evidence or other information has come to light that the DRS operator believes on reasonable grounds should be considered.
- the dispute is being dealt with in another forum, unless the student claimant withdraws the dispute from the other forum.
- the dispute would be more appropriately dealt with by a court, a tribunal, or another appropriate authority.
- the dispute has been previously dealt with under the DRS, unless new evidence or other information has come to light.
- the claim is trivial, frivolous, or vexatious.
- as a result of a delay in lodging the dispute, it is no longer possible to obtain sufficient evidence or other information for resolution of the dispute under the DRS.