How we help

The Study Complaints | Ngā Amuamu Tauira process.

Our process is designed to empower students and education providers to resolve matters early and through consensual means where possible. Our aim is to meet the needs of learners studying in Aotearoa, ensuring that they have a voice in the process and that their mana, identity and wellbeing is prioritised. If a student and their education provider are unable to reach an agreed outcome, Study Complaints | Ngā Amuamu Tauira can provide finality through adjudication where a binding decision is issued.

Here is an overview of how we can help:

  • 1. Get started

    We find out more about you and arrange any support you may need.

    Simply get in touch by:

    We will check if we can help, find out more about you, answer any questions and guide you through the process.

    You can tell us about your needs and learn about support options.

    If you have any special requirements (for example, language, cultural, mobility, vision or hearing needs) let us know as soon as possible so we can make suitable arrangements.

    Within 10 working days of getting of touch, we will either:

    • Accept – confirm that we can assist and explain the next steps
    • Decline – if we cannot assist further, we will explain why we have declined it
    • Ask for further information - to help us decide whether we can accept it or not.
    Aim

    Talk to us

    We help you get started by listening, explaining and arranging support. We confirm if we can assist further.

    Not resolved

    Sometimes, we may refer you to another agency who is better able to help or if you have not already let your provider know, we will encourage you to raise a complaint with them directly first.

  • 2. Early resolution

    We let your education provider know and get you talking.

    We aim to resolve matters as quickly possible.

    Once accepted, we will:

    • Start talking with your education provider
    • Gather and share information between you both
    • Give your education provider a chance to resolve it with you directly.

    We can also help facilitate a solution through conversation:

    • We will assist with communication between you and your education provider
    • Our team will ask questions to help you clarify issues, identify options you want to talk about with your education provider, and help you work out what you think will resolve the issue. 
    Aim

    Agreement is reached

    You and your education provider resolve things between yourselves.

    Not resolved

    In most cases, we will begin mediation (step 3). In some cases, we may recommend adjudication (step 4) if we do not think that mediation will be suitable.

  • 3. Mediation

    Collaborate and reach an agreement together.

    A mediator will help you and your education provider to explore the dispute and solutions.

    This involves:

    • A one-on-one meeting where each of you meets with the mediator individually
    • Arranging preparation for mediation to help you get ready and get the most from the mediation
    • A joint-meeting where everyone comes together, including the mediator, to explore the dispute and solutions, collaborate and reach an agreement. 
    Aim

    Agreement is reached

    Agreement is reached.

    Not resolved

    We will begin adjudication (step 4).

  • 4. Adjudication

    We consider the dispute and make a decision.

    If you and the provider are unable to resolve the dispute together, it will go before an adjudicator.

    If necessary, a case conference will be arranged with the adjudicator to:

    • Define the issues
    • Agree next steps
    • Establish a timeframe.

    The adjudicator will ask everyone to provide:

    • Information
    • Evidence
    • Submissions.

    After reviewing all the information provided, the adjudicator will prepare a proposed decision. Both parties have the opportunity to comment on the decision within 10 working days.

    The adjudicator will then issue a final decision. This is binding on the education provider.

    Aim

    A decision is made

    A final decision is issued by Study Complaints | Ngā Amuamu Tauira adjudicator.

คำถามที่พบบ่อย

Will the provider know that I have made a complaint?

Yes, if a dispute is accepted by Study Complaints | Ngā Amuamu Tauira in order to work together towards a resolution we will need to inform the education provider. However, we will only contact the provider once we have discussed the complaint with the student and confirmed that we can help.

Who can make a complaint?

Domestic tertiary students and international students, or people acting on their behalf such as parents and guardians, can use this service. This includes students who are currently enrolled, former students and prospective students in the process of enrolling. You can find more information here.

Do I need a lawyer?

No, but you may choose to have a lawyer or support person to assist you if you wish.

What remedies or redress options are possible?

Anything is possible through facilitation and mediation. A student and their education provider can explore options and reach any agreement together.

If the matter goes to adjudication, the adjudicator will decide on whether to uphold the dispute or not. Under the scheme rules, the adjudicator may direct the following remedies:

(a) that the provider make a public acknowledgment and apology that it has committed a breach of the student claimant’s rights or that some other harm has been suffered:

(b) that the provider pay the student claimant an amount not exceeding $200,000 for the damage, loss, or inconvenience suffered (for example, the impact on the student claimant’s health, the duration of the dispute, or attempts to resolve the dispute using the provider’s internal processes) resulting from the dispute as judged by the adjudicator:

(c) that the provider take any other action directed by the adjudicator to remedy the dispute:

(d) that the provider provide any reasonable non-monetary redress for any damage, loss, or inconvenience resulting from the dispute:

(e) that the provider—

  1. review any of its rules, bylaws, or policies relating to the conduct that gave rise to the dispute; or
  2. refrain from continuing or repeating the conduct that has given rise to the dispute; or
  3. take any other appropriate action (other than an action described in subclause (2) to resolve the dispute.

The adjudicator may recommend that the provider establish rules, bylaws, or policies that are aimed at preventing the conduct that gave rise to the dispute.