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This page has information about the complaints facility and complaints procedure including resolving complaints and decisions on complaints. Operators also have obligations if a dispute notice is given.
 
Complaints facility
Every village must have a complaints facility and make residents aware of this. While it is up to each operator how they run their complaints process, the complaints facility needs to include:

• A designated person whom residents can contact with complaints
• A procedure for dealing with complaints within 20 working days - this may operate within the village or be independent and may involve discussion, investigation, mediation and a decision process.

Once the Code of Practice 2008 came into force on 2 October 2009, operators will have to meet its requirements for making, acknowledging, resolving and deciding complaints. This includes providing all residents and intending residents with a copy of the village's complaints procedure. The following information outlines some of these key requirements. We encourage operators to adopt these requirements now as they provide a good basis for dealing with complaints effectively.
 
This flowchart sets out the basic complaints procedure.
 
Complaints procedure
The procedure must enable complaints to be resolved simply, fairly and quickly. It must state:

• That residents can ask the operator's contact person for information about their rights, and provide the contact details for that person
• That complaints do not have to be in writing and that the operator will record, acknowledge and respond to complaints (whether they're provided in writing or verbally) in the same way
• What the village's complaints procedure is, and any other help the operator will provide residents
• That the complaint will be promptly acknowledged by the operator in writing.

The operator must ensure the resident is regularly informed about the progress of their complaint.
 
Resolving complaints

• There must be a procedure to resolve complaints in the first instance by enabling informal discussions to take place between the concerned parties
• If a complaint is resolved by mutual agreement, this must be recorded, signed by and copied to all parties.

 
Decisions on complaints
Where resolution is not possible, there must be a procedure for deciding complaints. The operator must make and notify in writing a decision on the complaint within 20 working days of the complaint being made. This must include:

• The reasons for the decision
• Any action the operator intends to take as a result
• A statement informing the resident of their right to give a dispute notice if they're not satisfied with the decision and 20 working days have passed since the complaint was made.

 
Mediation
You can consider mediation to resolve a complaint. Disputes between residents or operators can be resolved through mediation, when both parties agree to this process. A mediator can help you discuss the problem, identify the issues and come up with a workable solution.

Mediators are specialists in helping people resolve disputes. Mediators are not necessarily lawyers, judges or counsellors. They are independent and unbiased. Mediators don’t decide anything for you, which is different to going to Adjudication.

Mediators you can use:

• LEADR- Association of Dispute Resolvers LEADR
• AMINZ -The Arbitrators' and Mediators' Institute of New Zealand AMINZ
• The Department of Building and Housing has a list of mediators experienced in dealing with homeowner disputes click here.