Applicants and Registered Community Housing Providers (CHP’s) may appeal against Community Housing Regulatory Authority (CHRA) decisions. There are various ways in which a Community Housing Provider's (CHPs) dispute with CHRA can be resolved without appealing to the District Court. These are:
- attempting to resolve disputes through negotiation
Attempting to resolve disputes through negotiation
CHRA will attempt to resolve any disputes with CHPs in good faith, and in the first instance through constructive discussion. This includes:
- Agreeing on a target date for settlement of the dispute
- To the extent necessary, agreeing on interim arrangements and
- Using our best endeavours to settle the dispute by the target date.
If there is no agreement on these matters, then:
- Within 10 working days the parties prepare an agreed written summary (or failing agreement, separate written summaries) of the basis of dispute, the issues involved, and the reasons for not reaching agreement and
- The summary (or summaries) is immediately presented to the most senior executive from the CHP and the Regulator within the Ministry of Business, Innovation and Employment and they will meet as soon as practicable after the summaries are presented, to discuss resolution of the dispute.
Appointing a mediator
If there is still no resolution of the dispute, the parties may agree to appoint an independent mediator. The mediation can be by scheduled telephone or face-to-face discussion and is quicker and less costly than using the courts to resolve disputes.
The parties agree on a suitable person to act as mediator or ask the Arbitrators’ and Mediators’ Institute of New Zealand Inc. (AMINZ) to appoint a mediator.
Mediation is a voluntary process where the parties contribute to the decisions and any settlement agreement is binding on the parties.
The mediation must be conducted in New Zealand in accordance with New Zealand law and the current Mediation Protocol of AMINZ.
The costs of mediation will be shared equally between us.
While any dispute is being resolved we will continue to perform our respective obligations.
Right of appeal to the District Court not affected
Where possible, CHPs are encouraged to resolve disputes with CHRA as they arise rather than through the courts. However, applicants also have the right to appeal to the District Court against a decision by CHRA relating to registration.
Registered CHPs also have a right of appeal to the District Court against a decision by CHRA appointing a person to the registered CHP’s governing body or giving binding instructions to the registered CHP.