16760 Demonstrate Knowledge of Credit Dispute Resolution Processes

Explanatory notes

1Legislation applicable to this unit standard includes the Disputes Tribunals Act 1988, Disputes Tribunals Rules 1989, Arbitration Act 1996, and their subsequent amendments.

2Definitions

Applicant and respondent shall be given the meanings defined in the Disputes Tribunals Act 1988and subsequent amendments.

Arbitration and Arbitrator; Mediation and Mediator shall be given the meanings as defined by the Arbitrators’ and Mediators’ Institute of New Zealand Inc.

Institute practices shall mean the policy, procedures, and practice of the Arbitrators’ and Mediators’ Institute of New Zealand Inc.

Industry practice includes policies, procedures and standards that competent practitioners in the industry recognise as current industry best practice.

3This unit standard may be assessed on-job in the workplace using naturally occurring evidence or in off-job simulated work situations designed to draw upon similar performance to that required in work in a credit administration and/or credit management context.

4All evidence is in accordance with organisational practice where possible, otherwise evidence may be based on industry practice.

Outcomes and evidence requirements

Outcome 1

Demonstrate knowledge of the application of Disputes Tribunals legislation.

Evidence requirements

1.1Identify the functions of the Disputes Tribunals in accordance with legislation.

1.2Identify the jurisdiction of the Disputes Tribunals and describe in accordance with legislation.

Rangedisputes relating to quality of services or goods, contested amounts charged, loss or damage to property, exclusion of debt collection.

1.3Identify the limitations on amounts of claim by applicant.

Rangeclaim limitation, extension of jurisdiction by agreement.

1.4Explain the right of persons to appear.

Rangeminors, permission for representative of legal entity required, insurance company involvement, exclusion of legal counsel.

1.5Outline summons to witnesses in accordance with legislation.

1.6Explain the power of the Tribunals to make orders in accordance with legislation.

Outcome 2

Demonstrate knowledge of lodging a claim before a Disputes Tribunal.

Evidence requirements

2.1Identify types of application to Tribunal.

Rangetransfer from District Court, statement of claim.

2.2Identify the requirements for completion of prescribed form in accordance with legislation.

Rangestatement of claim form, notification of witnesses, summons to witnesses.

2.3Explain special provisions for application where applicant or respondent are insured in accordance with legislation.

2.4Describe the provision for witnesses to be subpoenaed.

2.5Identify the power of Tribunal to appoint an investigator.

Outcome 3

Demonstrate knowledge of other Disputes Tribunals processes.

Evidence requirements

3.1Identify and explain the circumstances and procedures for rehearings and appeals in accordance with legislation.

3.2Describe alternatives for the enforcement of order.

Rangeorder for examination, instalment order, attachment order, application for order for periodic detention, distress warrant, garnishee summons, charging order, statutory demands.

Outcome 4

Demonstrate knowledge of alternative dispute resolution processes.

Evidence requirements

4.1Explain the role of an arbitrator in accordance with Institute practices.

4.2Outline the appointment of arbitrator(s) in accordance with Institute practices.

4.3Outline the processes of arbitration in accordance with Institute practices.

4.4Explain the role of a mediator in accordance with Institute practices.

4.5Outline the appointment of mediator(s) in accordance with Institute practices.

4.6Outline the processes of mediation in accordance with Institute practices.

4.7Explain the remedies available to enforce decision in accordance with Institute practices.

Status information and last date for assessment for superseded versions

This CMR can be accessed at

Please note

Providers must be granted consent to assess against standards (accredited) by NZQA, before they can report credits from assessment against unit standards, or deliver courses of study leading to that assessment.

Industry Training Organisations must be granted consent to assess against standards by NZQA before they can register credits from assessment against unit standards.

Providers and Industry Training Organisations, which have been granted consent and which are assessing against unit standards must engage with the moderation system that applies to those standards.

Requirements for consent to assess and an outline of the moderation system that applies to this standard are outlined in the (CMR). The CMR also includes useful information about special requirements for organisations wishing to develop education and training programmes, such as minimum qualifications for tutors and assessors, and special resource requirements.

Comments on this unit standard

Please contact The Skills Organisation if you wish to suggest changes to the content of this unit standard.