Complaints Against an IBANZ Member Firm

The purpose of the IBANZ Discipline and Complaints procedures is to resolve disputes between member firm clients and member firms, relating to alleged breaches of the IBANZ Code of Conduct. The intention is to minimise member and client dissatisfaction.

A specially convened Committee considers all complaints. The Committee comprises of, an independent Chair, two other independent representatives, nominated by the Ministry of Consumer Affairs, plus two broker representatives.

The IBANZ Disciplinary & Complaints Committee role is to determine whether or not a breach of the IBANZ Code of Practice has taken place. A copy of this Code, which includes the IBANZ Complaints Procedures, is available on this site.

The Committee is only able to look at complaints where the firm is a current paid up Member of the IBANZ. Members are listed on this website.

The Committee is not in a position to become involved in matters of claims settlement. It has no jurisdiction in this area, as the contract of insurance is a matter between the insurance company and the insured.

A complaint form is must be completed before the complaint can be considered. This is available on this site. The form should be returned to the IBANZ at your earliest convenience.

Your attention is drawn to the option to have the complaint referred to Mediation. This option is referred to in the IBANZ Code of Practice.

Please also note clause 5 (vi) of this Code which states

If the complaint is the subject of litigation, the Committee is entitled to reserve its view on taking any disciplinary action until after the litigation is finally resolved. The Committee is entitled to require the Member to provide full details of the resolution of the litigation subject to any contractual or legal restraint.

The procedures are that all complaints are referred in the first instance to the member firm concerned, in order that they have an opportunity to respond to the complaint. Other information may also be sought if the Committee deems it appropriate. This gives the Committee a balanced view of the situation.

Once a response is received the Committee convenes. Detail of the Committee's determination is relayed to both the complainant and the member firm concerned. There is no right of appeal to any decision made by the Committee.

External Complaints Procedure for the Insurance Brokers Association of New Zealand Inc

Aims

• To resolve disputes between member firm clients and member firms, relating to alleged breaches of the IBANZ Code of Practice.

• To minimise member and client dissatisfaction

• To provide market feedback to IBANZ Board

Important Principles of the IBANZ complaint resolution procedure:

Accessibility

• The procedure is activated by the receipt of a completed complaint form and where appropriate other supporting documentary evidence.

• Information about the procedure is available to all IBANZ members and their clients.

• The service is free to the public.

Speed

• The process is designed to prevent the complainant from becoming discouraged, giving up and going away disgruntled.

• A built-in time frame for procedures is attached as Appendix One.

Fairness

• The member has the right to be heard and to answer the "case" against him or her.

• The IBANZ Disciplinary and Complaints Committee review the complaint.

• The committee comprises of an independent Chair plus two other Independent Members as recommended by the Ministry of Consumer Affairs plus up to two nominated IBANZ Members.
  

Appendix 1

Step 1

Complainant decides whether or not to go to Mediation

Initial notification of complaint to IBANZ

Step 2

Forwards complaint form to the complainant

Completed Complaint form received

(Clock starts)

IBANZ sends written acknowledgment within three days of company's receipt of complaint form; advises complainant when and by whom complaint will be considered; includes complaints guidelines

Within twenty working days the Disciplinary and Complaints Committee meets, investigates and decides whether complaint justified (providing all information received)

Within two working days of decision being made, IBANZ notifies complainant of decision and if/when appropriate ensures corrective action taken

Step 3

If complainant advises continued dissatisfaction

IBANZ informs the Complainant that the Rules do not allow for decisions to be reviewed. If additional evidence is produced, the matter complained about may be reviewed again at the sole discretion of the Committee

Within ten working days Disciplinary and Complaints Committee investigates complaint and makes final decision

IBANZ notifies complainant of decision; ensures action taken if/when appropriate

If complaint not settled, IBANZ advises complainant internal complaints procedure exhausted and provides details of other Disputes/Resolution procedures i.e. Civil Action, Disputes Tribunal, Arbitration