All complaints must be in writing and on the approved complaint form. The form is attached to the end of this document.
We will need the following details:
- Your name, address, and phone number(s).
- The name and address of the person you are making the complaint against.
- Details of the complaint. Please be specific. Detail the alleged breach of the Rules or Code of Ethics (these are available by clicking on the Ethics and Rules Link).
Complaints must be accompanied by a fee of $100. Please note that the member will also be charged the same amount. This fee will be used to help cover some of the costs that will arise in conducting an investigation of the complaint.
Make a complaint
| 1.1 |
All members are subject to these Disciplinary Procedures. |
| 1.2 |
Members must comply with all requests made by the Disciplinary Committee or its chair, and ensure that anyone working for them also complies. If any member does not comply with these requests, the Disciplinary Committee may impose any of the penalties referred to in paragraph 4.6. |
| 1.3 |
Nothing in these Disciplinary Procedures limit the jurisdiction of any court or require any person to breach legal obligations. |
| 2.1 |
The Disciplinary Committee ("the committee") is hereby established. |
| 2.2 |
The committee's role is to consider complaints against members and take appropriate action as allowed under these Disciplinary Procedures. |
| 2.3 |
There will be three members of the committee. They will be appointed in the following ways:
(a) The Council will appoint one of its members to be the chair of the committee.
(b) The Council will appoint one other person to be a member of the committee.
(c) The chair and the other member will appoint a third person to the committee. This person must be a qualifying member of TINZ but may not be a member of the Council.
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The chair and the other two members of the committee will serve until the next TINZ annual general meeting after their appointments.
A member may resign from the committee, in which case a replacement will be selected using the procedure set out in paragraph 2.3 above.
| 3.1 |
The Disciplinary Committee can only make decisions with all three members present. All decisions will be by simple majority. |
| 3.2 |
Subject to Council resolutions and to any other paragraphs of these Disciplinary Procedures, the committee may meet and conduct its business as it sees fit. |
| 3.3 |
The chair is responsible for calling meetings and notifying anyone who should attend. |
| 3.4 |
The committee may make an order prohibiting the publication or broadcast of any report or communication about its proceedings, including the identities of anyone taking part in those proceedings. |
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| How complaints may be made: |
| 4.1 |
Anyone may make a complaint to TINZ alleging that a member has breached TINZ's Rules or Code of Ethics. Complaints must be made in writing. |
| 4.2 |
When a complaint is received, it must be recorded in a register of complaints and referred to the chair of the Disciplinary Committee. |
| Considering a complaint |
| 4.3 |
The chair of the Disciplinary Committee may decide that the complaint is frivolous or vexatious and does not need to be considered by the committee, in which case the chair must inform the complainant of this decision.
If the chair does not find the complaint frivolous or vexatious, he or she must:
(d) inform the complainant that the complaint has been received and will be considered, and
(e) write to the member the complaint is about giving details of the complaint and seeking a response within a specified timeframe, and
(f) refer the complaint to the other members of the Disciplinary Committee.
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| 4.4 |
As provided for in paragraph 3.2 above, the committee may meet to consider the complaint. |
| 4.5 |
The committee may seek further documents or other evidence from the complainant or the member the complaint is about. |
| 4.6 |
The committee may schedule a hearing at which the complainant and the member the complaint is about are asked or required to give evidence.
If a hearing is held:
(g) no party may have legal representation
(h) the complainant may bring a support person
(i) the member the complaint is about may bring a support person provided that person is a member of TINZ.
(j) the committee may ask or require other members of TINZ to attend the hearing and give evidence
(k) the committee may ask non-members of TINZ to attend the hearing and give evidence.
(l) all parties must be given reasonable notice of the hearing.
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| Decision on a complaint |
| 4.7 |
Once the committee believes it has enough evidence to make a decision, it may either:
(m) decide that the complaint is unjustified, or
(n) decide that the complaint is justified, or
(o) make any other finding that, in the view of the committee, is reasonable under the circumstances.
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| Sanctions |
| 4.8 |
If a complaint is justified, the committee may decide to impose a sanction on the member concerned. Sanctions may include any of:
(p) recommending that the Council cancel the member's membership
(q) recommending that the Council suspend the member's membership
(r) recommending that the Council require the member to pay a fine to TINZ
(s) recommending that the Council require the member to pay compensation to the complainant or repay fees that have been paid or cancel unpaid fees
(t) recommending that the Council formally censure the member
(u) recommending that the Council impose any other sanction that, in the view of the committee, is reasonable under the circumstances.
Any sanction the committee imposes or recommends must be reasonable taking into account all relevant circumstances.
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| Report to Council |
| 4.9 |
After making its finding and deciding whether to impose a sanction and award costs, the committee must report in writing to the Council stating what decisions it has made and any action it is recommending. |
| Timeliness |
| 4.10 |
The committee must take steps to deal with all complaints within a reasonable timeframe, provided that it may delay consideration of any complaint while the parties attend mediation. |
| Privilege |
| 4.11 |
No member may use any complaint, nor any communication or document relating to the committee's consideration of a complaint, for the purpose of any civil claim or action. |
| Records |
| 4.12 |
While a complaint is under consideration, the committee will keep all documents relating to it in a safe place. Once a complaint has been dealt with, TINZ will keep all documents relating to it in a safe place. |
| 5.1 |
Any notice required under these Disciplinary Procedures is:
(v) deemed to have been given to a member 24 hours after it has been posted to him or her, or immediately after it has been delivered to him or her, at the address listed in the Register of Members
(w) deemed to have been given to a non-member 24 hours after it has been posted, or immediately after it has been delivered, to the person's last known address.
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| 6.1 |
6.1 Anyone who makes a complaint or is the subject of a complaint to the Disciplinary Committee may appeal the committee's decision.
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| 6.2 |
All appeals must be made in writing within 28 days of the appellant receiving written notice of the committee's decision. |
| 6.3 |
All appeals will be heard by the Council. |
| 6.4 |
Disciplinary Committee decisions will have no effect until either:
(x) the 28-day period referred to in paragraph 6.2 has expired and no appeal has been lodged, or
(y) the Council has heard the appeal and upheld the committee's decision.
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| 6.5 |
In considering an appeal, the Council may do any of the following:
(z) confirm the committee's decision.
(aa) overturn the committee's decision.
(bb) refer the matter back to the committee for reconsideration.
(cc) take any other appropriate action within its powers.
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| 6.6 |
In considering an appeal, the Council will follow the procedures set down in paragraphs 4.1-4.12 of these Disciplinary Procedures as if the term "Council" has been substituted for "committee". |
| 6.7 |
The Council's decision in respect of any appeal is final. |
Make a complaint
