New Zealand Institute of Forestry Registration Board

Procedure for handling complaints:

1.  If written correspondence received by the Registrar contains the word “complaint” or words to similar effect about a Registered Member or Consultant, then the letter is referred to the Board.  (If not, then go to 2.)  The Board will determine whether or not the matter complained about is a possible breach of the Code of Ethics or misconduct in a professional respect.  (If not, then go to 2.)  If so, then:

• Complaint is acknowledged in writing by the Registrar and the complainant is asked for further information or clarification if required;
• Registered Member or Consultant is advised, sent a copy of the complaint, and asked to respond to the Registrar within 14 days;
• A copy of the members’ response is then sent to the complainant who is asked to forward comment to the Registrar within 14 days;
• The Board then carries out a preliminary examination of the substance of the complaint, and the responses and takes one of the following two courses of action:

a.  Finds that there is no case to answer and advises the complainant and the member of the decision and the reasons why, OR

b.  Finds that there may be a case to answer and appoints an investigator and advises both the complainant and the member of the action taken.

• When the Board receives the investigator’s report it decides whether or not to lay a charge before the Disciplinary Committee and advises the member and the complainant of the action taken.
• If a charge is laid the Disciplinary Committee; appointed by Council; conducts a hearing and determines the guilt or otherwise and what penalty, if any, is appropriate in accordance with Clause 41(3) sub (i).  The member and the complainant will be advised by the Committee of their decision.

2.  If the correspondence does not contain the word complaint or words to similar effect or if the Board decides that the correspondence is not in respect of a possible breach of the Code of Ethics or misconduct in a professional respect, then the issue is one that the correspondent and the Registered Member must resolve.  In such instances the Registrar will draft a response for the Chairman of the Registration Board to send advising both the Registered Member and the correspondent of possible ways to resolve the issue, these may include:

• Mediation/arbitration (perhaps offer NZIF services in this respect); OR
• Legal action.

Notes:

• If the correspondence relates to an issue of fees the matter would initially be referred to the Chairman who may directly or indirectly encourage the Registered Member concerned to endeavour to resolve the matter with the correspondent by further negotiation.  However, if the Registered Member cannot resolve the issue with their client, then the Registrar will suggest that they take the issue to the Disputes Tribunal, to mediation/arbitration or to the Courts.

• If the issue is in relation to a member’s failure to complete a contract to the correspondents satisfaction other than professional misconduct or an ethical breach, then there is no role for the Registration Board other than referral to arbitration/mediation or the Courts and the correspondent will be advised accordingly.