Complaints and Dispute Resolution Policy
Rationale:
PWSA New Zealand Incorporated (PWSA NZ) recognises that complaints may relate to disagreements or allegations involving the Society and /or its Officers, Members, Staff or Volunteers, or may relate to dissatisfaction about any public services provided by PWSA(NZ). We understand the importance and value of having a policy and set of procedures relating to any complaints that are made.
Purpose:
This policy, including the following procedures, is intended to ensure that PWSA(NZ) is accountable to its Members, service users, and stakeholders by providing a mechanism for a fair, objective, and timely response to any complaints or concerns where they cannot be resolved between the parties themselves.
Feedback, comments, and complaints about experiences and services are welcome, valued, and appreciated, and they are used to help identify issues and stimulate improvements. PWSA(NZ) will also actively seek feedback through training and event feedback forms and general satisfaction surveys.
Procedures:
The following complaints process can be used by the Society, its Officers, Members, Staff, Volunteers, or by service users, their family, whānau, and other members of the public. If any support is needed with making a complaint, assistance will be made available.
Complaints will remain confidential to the parties involved. The person making the complaint (the ‘complainant’) can be as private about the details of their complaint as they wish, including not being identified should they choose not to be.
Complaints should be handled in a culturally appropriate manner consistent with tikanga or other cultural practices.
Any conflicts of interest will be identified to ensure objectivity. The Committee will not allow an Officer, Member or Staff member to act as a decision maker if there are any uncertainties about whether they may be impartial or their ability to consider a matter without a predetermined view.
- Before making a complaint.
The complainant should first consider if the complaint can be resolved through informal discussions and / or directly approaching the person who the complaint relates to. All Staff, Volunteers and Members (including the Committee) have an obligation to ensure a complaint is heard, responded to, and resolved efficiently, fairly, and as soon as possible. - How to make a complaint.
The complainant may make a complaint by giving to the PWSA(NZ) Committee (or appropriate Officer or Member) written notice setting out detail of the complaint or allegation(s), whom the complaint is or are against, and any expected response.
If written notice is not possible, a complaint may be made in any other reasonable manner agreed by the Society for individual circumstances.
PWSA(NZ) may seek further information so that sufficient detail is provided to enable the person whom the complaint is against and / or PWSA(NZ) to prepare a response.
The complainant has a right to be heard before the complaint is resolved or any outcome is determined. PWSA(NZ) will ensure reasonable opportunity and support is provided to be heard in writing or at any oral hearing. - The subject of the complaint has a right to be heard.
If the complaint involves PWSA Staff, a Volunteer, a PWSA Member, or a Committee Officer, they (the ‘respondent’) have a right to be heard before the complaint is resolved or any outcome determined. The respondent will be fairly advised of the allegation(s) / complaint with sufficient details and given reasonable opportunity to respond and be heard. - Investigating the complaint.
PWSA(NZ) must ensure that the complaint is investigated as soon as is reasonably practical after receiving the complaint. PWSA(NZ) will acknowledge complaints within 10 working days and will endeavour to determine a response to complaints within 20 working days, but a longer period may be required, in which case a response timeframe will be provided, and the complainant will be kept informed of progress. - Determining the dispute / complaint.
After investigating the complaint, PWSA(NZ) may decide to:
a.) not proceed further with the complaint, or
b.) determine the dispute or complaint and respond accordingly, or
c.) refer the complaint.
a.) PWSA(NZ) may decide not to proceed further with the complaint if:
i.) the complaint relates to expected conduct and duties under the Society’s Constitution, the Incorporated Societies Act 2022 or the Charities Act 2005, and the complaint does not appear to involve any misconduct or breaches of duty, or
ii.) the complaint relates to Member rights or interests, and the complaint does not appear to involve any damage to the rights or interests of one or more Members, or
iii.) the complaint relates to services provided or service delivery and does not appear to show any failures or reduction in the expected quality of contracted information and advisory services provided by PWSA(NZ), or
iv.) the complaint appears to be without foundation or there is no apparent evidence to support it, or
v.) the conduct, incident, event, or issue giving rise to the complaint has already been investigated and dealt with.
b.) PWSA(NZ) may determine the dispute or complaint by responding as follows:
i.) issuing an apology to the complainant, and /or
ii.) actioning a form of redress or restorative practice, including providing a timeframe for rectifying the issue, and / or
iii.) making any necessary improvements or modifications to PWSA(NZ) policies, procedures, systems or services, and informing the complainant (and any other relevant parties) of these changes.
PWSA(NZ) will securely store upheld complaints in the Committee record keeping system and will communicate lessons learned at an appropriate level.
c.) If PWSA(NZ) cannot resolve the dispute or complaint, the complaint may be referred to a subcommittee to investigate further and report, or to an external person or organisation (neutral third party) to investigate and make a decision. In the case of a complaint being referred to an arbitral tribunal or any type of independent mediation for dispute resolution, all parties must consent.
Unresolved disputes or complaints:
PWSA(NZ) aims to resolve all complaints, but a dispute may be escalated if all possible steps have been taken to resolve the complaint. If the complaint involves serious wrongdoing, a breach of the Charities Act 2005 or the Incorporated Societies Act 2022, or a decision is made outside the Law, a complaint can be made to Charities Services or the Registrar of Incorporated Societies.
Complaints Officer:
PWSA(NZ) will designate a person to act as the Complaints Officer. This person will be responsible for the implementation of this policy and procedures.
Policy reviewed: 23rd April 2025 Next review due: April 2028