When we receive a complaint, we will assess it to decide whether we can accept it under the Anti-Discrimination Act or the Human Rights Act. If we decide to accept it under either Act, we will:
- follow a process that is respectful, safe and fair for everyone
- share relevant information with the parties involved
- facilitate dispute resolution in the way that we think is most suitable to the circumstances of the complaint and the parties
- make sure that any dispute resolution we offer gives all parties an opportunity to share their point of view
- help parties reach an agreement if we can.
We do not:
- take sides or make decisions about what the outcome of a complaint will be
- act as an advocate or lawyer
- decide whether the allegations in the complaint are true
- force the parties to agree.
A complainant can withdraw their complaint at any time by telling us in writing that they want to withdraw the complaint.
Step 1: Assess the complaint
When we receive a written complaint, we assess it to decide if the allegations in the complaint are about unlawful behaviour under the:
- Anti-Discrimination Act
- Human Rights Act
or
- Reprisal under the Public Interest Disclosure Act
If the allegations in a complaint are not relevant to the Acts we apply, we will not accept the complaint even if a complainant has evidence to show they are true. We will write to the complainant explaining why. We may also call to explain the assessment.
Step 2: Notify the relevant parties
If we accept a complaint, we will:
- contact the complainant to introduce the dispute resolution officer, explain what happens next and answer any questions about the process
- contact the respondent (if possible) to introduce the dispute resolution officer, tell them about the complaint, explain what happens next, answer any questions and ask about how to send them a copy of the complaint in the most confidential way possible
- write to both parties with information about the process, and send a copy of the complaint to the respondent
- give the respondent an opportunity to respond in writing.
Step 3: Dispute resolution
Most complaints are resolved through a dispute resolution meeting called a conciliation conference. This is a confidential process, where both parties can:
- discuss what happened
- reach an agreement about how to resolve the complaint.
If we consider a conciliation conference is not required or appropriate, we may try other ways to help the parties reach an agreement. For example, we may communicate with the parties separately about their concerns and, with their consent, convey information between them (shuttle negotiations).
We do not have the power to force parties to agree to any resolution they don’t want to agree to.
Processing and withdrawing
Once you submit your complaint, we will assess it to determine whether we can deal with it under the Anti-Discrimination Act or the Human Rights Act.
If both Acts apply, we will only deal with it under one Act. Even if we deal with your complaint under the Anti-Discrimination Act, we still consider your human rights.
You can withdraw a complaint at any stage by telling us in writing that you want to withdraw it. A 28-day cooling off period applies if you withdraw a complaint under the Anti-Discrimination Act.\
Getting help
If you need help with your complaint, we can:
- connect you with a relevant service
- provide information about your options and our process
- help you complete your complaint form in some cases.
We cannot take sides in the complaints process. We provide a neutral dispute resolution service to all parties to a complaint.