Education (Domestic Tertiary Student Contract Dispute Resolution Scheme) Rules 2021

General approach to resolving disputes

10 General approach to resolving disputes

(1)

The DRS operator and practitioners must consider and deal with a dispute in a timely, accessible, culturally safe, and competent manner and, in particular, in a way that—

(a)

is consistent with the principles of Te Tiriti o Waitangi; and

(b)

has regard to appropriate tikanga Māori; and

(c)

upholds the mana of the parties to a dispute; and

(d)

where appropriate, has regard to the specific cultural needs or circumstances of the parties in the dispute resolution process; and

(e)

takes into account the age of the student claimant (for example, the need to communicate in ways that are appropriate for a person of a particular age); and

(f)

ensures that all learners, including disabled learners, can fully access and participate in the dispute resolution process; and

(g)

encourages the parties to work towards a shared understanding of the dispute and a mutually agreed solution; and

(h)

prioritises and maximises the use of consensual methods to resolve the dispute, unless those methods are not appropriate for resolving the dispute; and

(i)

promotes restorative justice between the parties and is consistent with the principles of natural justice; and

(j)

for consensual methods, is on a without prejudice basis; and

(k)

for adjudication, takes the views of the parties into account in deciding measures to resolve the dispute.

(2)

The DRS operator and practitioners—

(a)

must act in a way that is fair and reasonable in all the circumstances; and

(b)

must have regard to the general law, the relevant best practice, and the code.