Dispute resolution - Revision history

Kerry McSaveney: Approved at AUgust 2025 AGM

2025-08-15T20:32:50Z

Approved at AUgust 2025 AGM

← Older revision		Revision as of 20:32, 15 August 2025
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	{{ChapterInfo\|SCANZ ~~Draft~~ Constitution handbook\|9\|Dispute resolution}}		{{ChapterInfo\|SCANZ Constitution handbook\|9\|Dispute resolution}}
	==Meanings of dispute and complaint==		==Meanings of dispute and complaint==
	#A dispute is a disagreement or conflict involving '''SCANZ''' (as an organisation) and/or its '''members''' in relation to specific allegations set out below.		#A dispute is a disagreement or conflict involving '''SCANZ''' (as an organisation) and/or its '''members''' in relation to specific allegations set out below.

Kerry McSaveney: /* Person who is subject of a complaint has a right to be heard */

2025-08-15T20:32:27Z

Person who is subject of a complaint has a right to be heard

← Older revision		Revision as of 20:32, 15 August 2025
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	#This clause applies if a complaint involves an allegation that a '''member''', an '''officer''', or '''SCANZ''' (the 'respondent') -		#This clause applies if a complaint involves an allegation that a '''member''', an '''officer''', or '''SCANZ''' (the 'respondent') -
	##has engaged in misconduct; or		##has engaged in misconduct; or
	##has breached, or is likely to breach, a duty under '''SCANZ's constitution''' or bylaws or the '''Act''; or		##has breached, or is likely to breach, a duty under '''SCANZ's''' '''constitution''' or bylaws or the '''Act'''; or
	##has damaged the rights or interests of a member or the rights or interests of '''members''' generally.		##has damaged the rights or interests of a member or the rights or interests of '''members''' generally.
	#The respondent has a right to be heard before the complaint is resolved or any outcome is determined.		#The respondent has a right to be heard before the complaint is resolved or any outcome is determined.

Kerry McSaveney at 20:31, 15 August 2025

2025-08-15T20:31:29Z

← Older revision		Revision as of 20:31, 15 August 2025
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	#This clause applies if a complaint involves an allegation that a '''member''', an '''officer''', or '''SCANZ''' (the 'respondent') -		#This clause applies if a complaint involves an allegation that a '''member''', an '''officer''', or '''SCANZ''' (the 'respondent') -
	##has engaged in misconduct; or		##has engaged in misconduct; or
	##has breached, or is likely to breach, a duty under '''SCANZ's~~''' '''~~constitution''' or bylaws or the '''Act''; or		##has breached, or is likely to breach, a duty under '''SCANZ's constitution''' or bylaws or the '''Act''; or
	##has damaged the rights or interests of a member or the rights or interests of '''members''' generally.		##has damaged the rights or interests of a member or the rights or interests of '''members''' generally.
	#The respondent has a right to be heard before the complaint is resolved or any outcome is determined.		#The respondent has a right to be heard before the complaint is resolved or any outcome is determined.
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	==SCANZ may refer a complaint==		==SCANZ may refer a complaint==
	#'''SCANZ''' may refer a complaint to -		#'''SCANZ''' may refer a complaint to -
	##a subcommittee, or ~~{{Edit}}~~an appointed individual member or~~{{/Edit}}~~ an external person to investigate and report; or		##a subcommittee, or an appointed individual member or an external person to investigate and report; or
	##a subcommittee, ~~{{Edit}}~~an appointed individual member,~~{{/Edit}}~~ an arbitral tribunal, or an external person to investigate and make a decision.		##a subcommittee, an appointed individual member, an arbitral tribunal, or an external person to investigate and make a decision.
	#'''SCANZ''' may, with the consent of all parties to a complaint, refer the complaint to any type of consensual dispute resolution (for example, mediation, facilitation, or a tikanga-based practice).		#'''SCANZ''' may, with the consent of all parties to a complaint, refer the complaint to any type of consensual dispute resolution (for example, mediation, facilitation, or a tikanga-based practice).

Kerry McSaveney: /* How a complaint is made */

2025-08-11T06:41:08Z

How a complaint is made

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	##states that the '''member''' or '''officer''' is starting a procedure for resolving a dispute in accordance with '''SCANZ's''' '''constitution;''' and		##states that the '''member''' or '''officer''' is starting a procedure for resolving a dispute in accordance with '''SCANZ's''' '''constitution;''' and
	##sets out the allegation or allegations to which the dispute relates and whom the allegation is against; and		##sets out the allegation or allegations to which the dispute relates and whom the allegation is against; and
	##sets out any other information reasonably required by '''''SCANZ'''''.		##sets out any other information reasonably required by '''SCANZ'''.
	#'''SCANZ''' may make a complaint involving an allegation or allegations against a '''member''' or an '''officer''' by giving to the '''member''' or '''officer''' a notice in writing that -		#'''SCANZ''' may make a complaint involving an allegation or allegations against a '''member''' or an '''officer''' by giving to the '''member''' or '''officer''' a notice in writing that -
	##states that '''SCANZ''' is starting a procedure for resolving a dispute in accordance with '''SCANZ's''' '''constitution'''; and		##states that '''SCANZ''' is starting a procedure for resolving a dispute in accordance with '''SCANZ's''' '''constitution'''; and

Kerry McSaveney at 06:40, 11 August 2025

2025-08-11T06:40:53Z

Show changes

Scott Campbell: /* SCANZ may refer a complaint */

2025-08-10T03:53:32Z

SCANZ may refer a complaint

← Older revision		Revision as of 03:53, 10 August 2025
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	==''SCANZ'' may refer a complaint==		==''SCANZ'' may refer a complaint==
	#'''''SCANZ''''' may refer a complaint to -		#'''''SCANZ''''' may refer a complaint to -
	##a subcommittee or an external person to investigate and report; or		##a subcommittee or {{Edit}}an appointed individual member or{{/Edit}} an external person to investigate and report; or
	##a subcommittee, an arbitral tribunal, or an external person to investigate and make a decision.		##a subcommittee, {{Edit}}an appointed individual member,{{/Edit}} an arbitral tribunal, or an external person to investigate and make a decision.
	#'''''SCANZ''''' may, with the consent of all parties to a complaint, refer the complaint to any type of consensual dispute resolution (for example, mediation, facilitation, or a tikanga-based practice).		#'''''SCANZ''''' may, with the consent of all parties to a complaint, refer the complaint to any type of consensual dispute resolution (for example, mediation, facilitation, or a tikanga-based practice).

Kerry McSaveney at 08:34, 7 August 2025

2025-08-07T08:34:44Z

← Older revision		Revision as of 08:34, 7 August 2025
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	{{ChapterInfo\|SCANZ Draft Constitution\|9\|Dispute resolution}}		{{ChapterInfo\|SCANZ Draft Constitution handbook\|9\|Dispute resolution}}
	{\| class="wikitable" style="margin-left: 10px;"		{\| class="wikitable" style="margin-left: 10px;"
	\|Text in ''italics'' has been added for our purposes including content from our previous rules of incorporation. Plain text is from the Companies Office's [https://isb.companiesoffice.govt.nz/constitutionbuilder/ Constitution Builder]. Items in '''bold''' are defined terms.		\|Text in ''italics'' has been added for our purposes including content from our previous rules of incorporation. Plain text is from the Companies Office's [https://isb.companiesoffice.govt.nz/constitutionbuilder/ Constitution Builder]. Items in '''bold''' are defined terms.

Kerry McSaveney: /* How a complaint is made */

2025-08-02T07:45:48Z

How a complaint is made

← Older revision		Revision as of 07:45, 2 August 2025
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	##sets out the allegation to which the dispute relates.		##sets out the allegation to which the dispute relates.
	#The information given under subclause (1.2) or (2.2) must be sufficient to ensure that a person against whom an allegation is made is fairly advised of the allegation or allegations concerning them, with sufficient details given to enable that person to prepare a response.		#The information given under subclause (1.2) or (2.2) must be sufficient to ensure that a person against whom an allegation is made is fairly advised of the allegation or allegations concerning them, with sufficient details given to enable that person to prepare a response.
	#A complaint may be made in any other reasonable manner permitted by '''''SCANZ's''''' '''constitution'''. ~~{{Comment}} Insert any additional process here (KM){{/Comment}}~~		#A complaint may be made in any other reasonable manner permitted by '''''SCANZ's''''' '''constitution'''.

	==Person who makes a complaint has a right to be heard==		==Person who makes a complaint has a right to be heard==

Kerry McSaveney: /* Decision makers (mandatory section) */

2025-08-02T07:45:29Z

Decision makers (mandatory section)

← Older revision		Revision as of 07:45, 2 August 2025
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	#'''''SCANZ''''' may, with the consent of all parties to a complaint, refer the complaint to any type of consensual dispute resolution (for example, mediation, facilitation, or a tikanga-based practice).		#'''''SCANZ''''' may, with the consent of all parties to a complaint, refer the complaint to any type of consensual dispute resolution (for example, mediation, facilitation, or a tikanga-based practice).

	==Decision makers ~~(mandatory section)~~==		==Decision makers==
	~~{\| class="wikitable" style="margin-left: 10px;"~~
	~~\|Each of the rules we have included detailing the various dispute resolution processes are those included in Schedule 2 of the Incorporated Societies Act 2022.~~
	~~<P>They are consistent with the rules of natural justice, but only if —~~
	*your society includes all the processes contained in Schedule 2, and
	*any additional procedures you include are consistent with Schedule 2.
	\|}
	#A person may not act as a decision maker in relation to a complaint if 2 or more members of the '''committee''' or a complaints subcommittee consider that there are reasonable grounds to believe that the person may not be -		#A person may not act as a decision maker in relation to a complaint if 2 or more members of the '''committee''' or a complaints subcommittee consider that there are reasonable grounds to believe that the person may not be -
	##impartial; or		##impartial; or
	##able to consider the matter without a predetermined view.		##able to consider the matter without a predetermined view.
	~~[[Category:SCANZ\|I]]~~

Kerry McSaveney: /* SCANZ may refer a complaint (mandatory section) */

2025-08-02T07:44:20Z

SCANZ may refer a complaint (mandatory section)

← Older revision		Revision as of 07:44, 2 August 2025
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	##there has been an undue delay in making the complaint.		##there has been an undue delay in making the complaint.

	==''SCANZ'' may refer a complaint ~~(mandatory section)~~==		==''SCANZ'' may refer a complaint==
	~~{\| class="wikitable" style="margin-left: 10px;"~~
	~~\|Each of the rules we have included detailing the various dispute resolution processes are those included in Schedule 2 of the Incorporated Societies Act 2022.~~
	~~<P>They are consistent with the rules of natural justice, but only if —~~
	*your society includes all the processes contained in Schedule 2, and
	*any additional procedures you include are consistent with Schedule 2.
	\|}
	#'''''SCANZ''''' may refer a complaint to -		#'''''SCANZ''''' may refer a complaint to -
	##a subcommittee or an external person to investigate and report; or		##a subcommittee or an external person to investigate and report; or