The TCF has established a self-regulatory regime for customer complaints and dispute resolution, including:
- The Customer Complaints Code (the “Code”); and
- Terms of Reference ("TOR")
The documents set out the rights and obligations of TDR Members and their Customers with regard to the handling of Customer Complaints. The TDR service reports to a governing council (“Council”) with fifty percent consumer representation. The Council’s role is to provide independence and ensure industry and public confidence in the service.
The day to day operations of the service will be run by the independant TDR Agent. Dispute Resolution Services Limited have been appointed to this role.
The primary purpose of the service is three-fold:
- To encourage TDR Members to resolve Customer Complaints effectively themselves;
-
To provide prompt, independent resolution of disputes, having regard to the Code and the
service standards it sets out, as well as relevant legal requirements; and
- To educate the industry about systemic issues arising from disputes and determinations.
The service will enable the telecommunications industry to set out the principles and rules to follow in dealing with consumer complaints relating to their telecommunications services which cannot be resolved through their service provider’s internal procedures.
By executing the Deed Poll attached at Schedule 1B of the Terms of Reference, the TDR Members agree to be bound by the terms of the service. Only customers of TDR Members can lodge disputes under the TDRS process.
TDR Terms of Reference Review
The Telecommunications Dispute Resolution Scheme (TDR) was established in November 2007. Under clause 6.1(o) of the scheme’s terms of reference the Council must:
- Instigate a review of the Scheme two years from the date of implementation, with a view to the Scheme being established under an entity independent of the TCF;
While a test of the desirability of independence from the TCF is the primary objective of the prescribed review, the TDR council and the TCF have agreed that a wider view of the scheme’s operation and effectiveness is necessary if the answer to the independence question is to be firmly founded.
It has been decided that the scheme should be measured against the six benchmarks established in 1997 by the Australian Department of Industry Science and Tourism in its publication, “Benchmarks for Industry-Based Customer Dispute Resolution Schemes”. These benchmarks are Australasian industry best practice and were used as the guiding principles in the development of the TDR.
They cover:
- Accessibility
- Independence
- Fairness
- Accountability
- Efficiency
- Effectiveness
The TDR TOR review will commence early in the New Year (2010). A draft report will be discussed with the TDR council in early March 2010. A final report will be presented on 31 March 2010.
Customer Complaints Code
The purpose of the Customer Complaints Code is to set out the principles and processes for Customers to make a Complaint and the handling of those Complaints/Disputes by TDR Members and the TDR Agent.
The purpose of this Code is:
-
To improve TDR Members’ internal Complaints resolution processes to assist with early resolution of Customer Complaints.
-
-
To ensure that Customers have access to an effective independent dispute resolution mechanism to address issues where the Customer is not satisfied with the outcome from their TDR Member’s internal Complaints handling or dispute resolution process in relation to a Customer Complaint.
-
To facilitate the resolution of Customer Complaints relating to Telecommunications Services in New Zealand through practices that are fair and equitable and are consistent with the purposes and provisions of the Telecommunications Act (2001) and any of its current or future amendments.
Customers and TDR Members must follow the processes set out in the Code for resolution of a Customer Complaint before a Customer can take a Complaint to the TDR Agent.
Who Can Join
All Telecommunications service providers are invited to sign up to the service. Click on this link to see a current list of TDR Members or on www.tdr.org.nz for more information.
TDR Quarterly Reports
TDR Annual Report