Frequently Asked Questions

WHAT SORT OF COMPLAINTS CAN TDR HANDLE?

1. What can I complain about?

You can complain about any service or product that you get from your telecommunications company. This includes land-line phones, data, internet, mobile phone, pre-pay mobile phone, and digital and cable television. Your complaint must also be about something specific, not general, and you need to have discussed it with your telecommunications company first – and given them the chance to reply.
Your complaint needs to be about something that has happened in the past 12 months.
If you have complained to your telecommunications company and you’re not happy with the outcome, or haven’t had a solution you are happy with within six weeks, TDR can help you straight away.
There are some things TDR doesn’t cover however. This includes your telecommunication company’s prices, content in Yellow Pages advertising, 111 calls and network coverage. There is a full list of what is and isn’t covered on the Types of Disputes page.

2. Can I complain about problems while I was being transferred from one company to another?

Yes. The Consumer Complaint Code covers problems with moving from one telephone company to another.

3. Can I claim for costs involved in making my complaint?

No. TDR cannot consider claims that are based on:

  • Loss of profits or indirect loss
  • Claims for pain and suffering
  • Loss of business reputation
  • Inconvenience and mental distress
  • Costs involved in compiling or pursuing a complaint through the TDR process

The telecommunications companies in the TDR Scheme are able to make a gesture of goodwill in these instances, however.

4. What isn’t covered by TDR?

TDR does not deal with complaints about pricing, network coverage, 111 calls, Yellow Pages advertisements, business accounts and government accounts. For a full description of what is covered and what isn’t, please see the Types of Disputes Covered.

 

MAKING A COMPLAINT

1. What is deadlock?

Deadlock is TDR's way of describing a point in the complaint process.

Deadlock means either:

  • a consumer has come to the end of their telecommunication company's complaint process and their complaint has not been resolved, or
  • when it's been six weeks or more since the customer first contacted the company and they still don’t have a resolution they are happy with.

When a consumer gets to this point with their telecommunication company, they can ask the company for a reference number. This might be called a complaint number, a deadlock number, or a reference number.

TDR needs this number to start the TDR process. They use it to discuss the complaint with the telecommunications company.

2. How do I start the complaint process?

First, you’ll need to make the complaint to your telecommunications company. Then you can come to TDR. There is advice on how to make a complaint, forms you can use and a direct link to making a complaint on the TDR website.

3. How long will it take?

TDR has committed to resolving complaints promptly, and responding to customers as soon as it can. Under the Customer Complaints Code all Scheme Members are also obliged to respond within specific timeframes. There are about 15 working days in each step of the process, and altogether it should take a maximum of about 70 working days. However, customers can complain about an event for up to a year from when it happened, and then have up to a year to make the complaint to TDR, so the time from the event that caused the complaint in the first place through to resolution can be up to two years. TDR can also extend the timeframes if it thinks it will help the dispute resolution process.

4. What if I have a complaint about something that happened before 30 November 2007?

TDR can only deal with complaints about events that occurred on or after 30 November 2007. For complaints about events before this date, start by talking to the company involved. If this doesn't work you might like to call your nearest:

  • Community Law Centre
  • Citizens' Advice Bureau

5. Do I have to come to a hearing?

No. Most complaints can be dealt with by letters and/or by talking to you on the telephone to get the information.

6. Do I need a lawyer?

No. The TDR scheme is a free and informal alternative to going to court, so you won’t need a lawyer.

7. What if it's my word against the company?

TDR will look at both sides of the story, and at the facts. If the matter goes to adjudication, the adjudicator will decide based on the evidence presented to them.

8. Is this process confidential?

Yes. Only the people and companies involved in a dispute can see any information about it. When you file a complaint your information will not be shown to anyone else without your consent.

9. Is there a time limit on making a complaint?

Yes. You must make your complaint within 12 months of the incident that you are making the complaint about.

10. Can someone else complain on my behalf?

Anyone can complain on your behalf - for example, a member of your family, a friend or a community law centre. We need your written authority before we can discuss your personal details with that person or get the information we need from the telecommunications company.

 

COSTS

1. How much will it cost?

The dispute process is free, but your telecommunications company can charge you if it has to look for information that is more than three months old or about an account that has been closed. It can also charge you if your complaint means it has to test your phone line more than once in six months. The company must tell you before it does anything that might mean there are costs for you.

2. So who does pay for the service?

The TDR Scheme is funded by the telecommunications companies that are members of the Scheme. These companies are charged depending on how many complaints there are against them. There is no cost for a consumer to lay a complaint.

3. Can I be disconnected if my complaint is about my bill?

The services you are making a complaint about shouldn't be stopped while they are being looked at by TDR, and the telecommunication company shouldn't start a debt collection process about these services while there is still a dispute. Other services you get from the company might be restricted though, for example putting a toll bar on your phone. If you have other services that aren’t in dispute these can be disconnected, so you should pay all of the undisputed amount of your bill.

4. Is there a financial limit to what TDR can deal with?

Yes. TDR can only deal with disputes where the compensation being claimed is $12,000 or less. After that you will have to take the matter to the Disputes Tribunal or the courts.

 

OTHER

1. How can I be sure the TDR is independent?

TDR is run by Dispute Resolution Services, a company that is independent of all of the telecommunications companies. Although TDR is funded by the telecommunication companies through the TDR Scheme, its independence comes from the Consumer Complaints Code, which governs all of its actions. All Scheme Members have signed the Code and have agreed to comply with it, which includes giving TDR the ability to make independent decisions both for and against the companies. The Code is on this website and can also be downloaded.

2. Do I have to accept TDR's final decision?

No, you do not have to accept any decision TDR makes. You are always free to go to court or the Disputes Tribunal or any other complaint resolution body. However TDR cannot look into a complaint that is currently being considered by a court.

3. Does using the TDR service mean I can’t take my complaint to court later?

No. If you are unhappy with the final outcome of your complaint, you can take it to the Disputes Tribunal or the courts.

4. Who are the consumer representatives on the TDR Council and how were they chosen?

The consumer representatives are:

Bill Bevan
Patrick Hanley
Merv Altments
Shelly Dew-Hopkins

Bill Bevan, Patrick Hanley and Merv Altments were appointed as consumer representatives by a selection panel from the Consumers’ Institute and the Telecommunication Users' Association of New Zealand (TUANZ). The fourth Consumer Representative, Shelly Dew-Hopkins, was appointed by the Ministry of Consumer Affairs.