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What to do when you have a dispute with your broadband or mobile provider?
This page was updated1 year ago
We believe that all New Zealanders should be able to make confident choices to stay connected in ways that fit their situation, lifestyle and business.
Part of being able to make confident choices about mobile and broadband providers is knowing what options you have to resolve disputes, if things go wrong.
If you have an issue with your telecommunications service, you should contact your provider in the first instance. However, if you have a dispute that you are unable to resolve directly with them, you can only go to the Telecommunications Dispute Resolution Scheme (TDR) if your provider is a member of the scheme.
What is the TDR?
The TDR is a free, independent dispute resolution service focussed on helping telecommunications consumers in New Zealand resolve complaints with their mobile and broadband providers. The Commission believes that all telecommunications consumers in New Zealand should be able to access this service. However, consumers are only able to access this scheme if their provider is a member of the TDR.
There is an exception for disputes related to the Commission’s 111 Contact Code and Copper Withdrawal Code. For these matters, any consumer may lodge a dispute with the TDR , irrespective of whether their service provider is a scheme member or not.
What are the benefits of using the TDR when I have a dispute?
The TDR is a free and independent dispute resolution service that has been set up to deal specifically with telecommunications complaints. The TDR have experience in dealing with the disputes that may arise between telecommunications service providers and their customers. They have been set up to understand technical and non-technical issues and have processes for working directly with providers.
The TDR uses facilitation and mediation to resolve disputes, eliminating the need for lawyers to be involved. Providers who are members of the TDR are committed to engaging in these processes to address the issues their customers face. Any decisions that the TDR makes are binding on its members.
They should provide you faster resolution of telecommunications disputes than other generalised dispute resolution services [1].
Find out more about the benefits of using the TDR
What does the TDR cover?
- internet
- home phone
- mobile
- bills and charges
- customer service
- faults and network issues
- the Copper Withdrawal Code
- the 111 Contact Code
- contracts
Find out more about what the TDR covers
What about the Disputes Tribunal?
The Disputes Tribunal provides a low cost, independent and informal adjudication process which is not industry specific. You can use the Disputes Tribunal to settle disputes as an alternative to going to court [2]. You can still use the Disputes Tribunal if your provider is a member of the TDR, but if your provider isn’t a member of the TDR then the Disputes Tribunal or the District Court may be your only option [3]. Filing a claim with the Disputes Tribunal does have an upfront fee of between NZD$45.00 - $180.00 depending on the amount you are claiming. These costs are recoverable if your claim succeeds.
The Tribunal is:
- for small claims up to $30,000
- quicker, cheaper, and less formal than court
- legally binding (you must follow its decisions).
What disputes resolution service can I use?
Below is a list of providers whose customers can access the TDR and providers whose customers cannot. We are providing this information so you can factor it in when choosing a new telecommunications provider, so you know what your options are if you have a dispute. Remember that for disputes relating to the Commission’s 111 Contact Code and Copper Withdrawal Code you can go to the TDR even if your provider isn’t a member.
-
Customers of these providers can access the TDR and the Disputes Tribunal
- 2degrees
- 2Talk
- Big pipe
- DTS
- Electric Kiwi
- Flip
- Kogan Mobile
- Megatel
- Mercury
- MyRepublic
- Nova
- NOW
- One NZ
- Orcon
- Primo
- Skinny
- Sky Broadband
- Slingshot
- Spark
- Trust Power
- Vocus Communications
- VoIPLine Telecom
- Warehouse Mobile
-
Customers of these providers cannot access the TDR
- Contact Energy
- InspireNet
- Lightwire
- Voyager
- Wireless Nation
If you can’t see your provider in either of these lists and are keen to find out if you would be able to access the TDR in the event of a dispute, please contact your provider to see if they are a member and offer this service. If your provider isn’t a member, we encourage you to ask your provider why not. Alternatively, you can contact the TDR directly.
You can find more information about the TDR process here.
For Providers
We encourage all providers to join the TDR.
You can join by contacting the TDR via:
- their website at https://www.tdr.org.nz/contact-us
- freephone at 0508 98 98 98
- email at contact@tdr.org.nz
[1] Note, the Commission must review the industry dispute resolution scheme at least once every three years, under s246 of the Telecommunications Act 2001. The Commission's review may consider, among other things, the effectiveness of the scheme in resolving complaints by consumers against service providers, and whether the scheme rules comply with the principles of accessibility, independence, fairness, accountability, efficiency, and effectiveness.
[2] The District Court system is also available to help settle claims or disputes that are under $350,000 in value. However, this pathway is likely to incur high fees and potentially legal fees.
[3] The exception to this is for disputes related to the Commission’s 111 Contact Code and Copper Withdrawal Code. For these matters, any consumer, irrespective of whether their service provider is a Scheme Member, may lodge a dispute with the TDR.