ISSUE 9 2015 MARCH INTRODUCTION

LATEST NEWS

INTRODUCING FIONA ROBERTS

INTRODUCING ANGIE TAPELU

SCHEME MEMBER PROFILE

Rachael Vahry - Chorus

EXCLUDING COMPLAINTS FROM TDR SCHEME

OVERCOOKING THE EGG: DISPUTE RESOLUTION

QUARTERLY STATISTICS

TDR Newsletter

IN THIS ISSUE...

INTRODUCTION

Believe it or not, it is already March and in just a few days a quarter of 2015 year will have already passed! Difficult to believe considering the lingering summer weather. In this issue, we clarify the process around TDR’s consideration of exclusion from the scheme so that scheme members better understand what we can consider, and at what stages. We also have a lesson from our resident conflict resolution expert, Jay Clarke, on how to establish rapport to assist in the resolution of disputes. We have a news item on unfair con-tract terms, and a report on the TIO’s latest complaint figures and what helped Australian telcos reduce the numbers of complaints made to the TIO (see below on this page) We take pleasure in introducing you to Fiona Roberts, Telecommunications Forum Administrator, and the newest member of our team, Angie Tapelu (Angie has taken over from Kate Shearer). Last, but by no means least, we are delighted to introduce you to Rachael Vahry from Chorus in our Scheme Member profile.

LATEST NEWS Consumer law changes – unfair contract terms 17 March 2015 marks the start of a ban on unfair contract terms. It’s one of the most significant changes to consumer law in the last 20 years and means that providers won’t be allowed to impose unfair conditions on purchasers of goods or services. The ban applies to unfair terms in standard-form consumer contracts – the non-negotiable terms and conditions that are presented to consumers when they sign up with a telco or other provider. It is the responsibility of the Commerce Commission to take action against companies which have unfair terms in their contracts, but complaints made to the TDR service about alleged unfair terms are within the scope of the Customer Complaints Code. If it’s not already been done, now is a good time for your company to carefully examine its terms and conditions so as not to fall foul of the Fair Trading Act and risk the adverse publicity that will undoubtedly accompany a breach. TIO complaints drop to 8-year low Telecommunications complaints in Australia have hit an eight-year low, according to figures released by the Telecommunications Industry Ombudsman (TIO). The TIO received 29,560 new complaints in October-December 2014, the quietest quarter since July-September 2007, when 26,632 new complaints were recorded. The results continue a three-year decline in complaints. The last quarter saw a 21 per cent drop in billing complaints for mobile services (to 1,984). The TIO also recorded the lowest number of new complaints about mobile coverage problems since April-June 2010 (1,546). “This welcome drop is due in part to fewer mobile users with billing problems coming to the TIO,” Ombudsman Simon

Cohen said. “Innovative new products that reduce unexpected high charges, stronger industry rules to inform consumers

about their usage and a TIO that is active in identifying and acting on systemic issues are some of the reasons for this

positive outcome.”

How did you get into the Telecommunications Industry? I decided to take a break from working as a florist and took up an opportunity at Teletech working on a Telecom project ‘Buy Xtra’. This involved selling dialup and broadband internet. Tell us the most amazing question/challenge you have had in dealing with a customer. A call I received while working at Teletech: Customer: “Hi, I want that thing you’re giving away for free on TV.” Me: “Okay, we currently have an offer for a free connection and free modem for customers who connect to broadband.” Customer: “Yeah that was it.” Me: “Great, are you able to tell me what you are interested in using the internet for? It will help to determine which of our plans may best suit your needs.” Customer: “I don’t want to use the internet.” Me: “I’m sorry this promotion is for customers who sign up to broadband.” Customer: “I don’t have a computer, I just want free stuff.” A call one of my colleagues received while working at Telecom via 123: Colleague: “Welcome to Telecom you’re speaking with Greg.” Customer: “Hi, I am hoping you can tell me how much laundry powder to add to my wash cycle?” Colleague: “Umm, do you happen to have the product on hand?” Customer: “Yes.” Colleague: “Does it have a contact number on the packaging.” Customer: “Yes it does.” Colleague: “Okay, we’ll I would suggest you call that number, they should be able to assist in answering your query.”

SCHEME

MEMBER PROFILE RACHAEL VAHRY - CHORUS

INTRODUCING FIONA ROBERTS,

TELECOMMUNICATIONS FORUM ADMINISTRATOR

I joined TCF in November last year, and one of my responsibilities is to look after the TDR Council as Forum Administrator. I am responsible for pulling the Council papers together, liaising between the Council, the Scheme Members and the Scheme Agent (FairWay); and generally keeping everything well organised. I am English, but I have spent much of my career in New Zealand. I have a policy background in the agriculture sector – working as a Senior Analyst for Federated Farmers of NZ, and an Investment Manager at Dairy Insight. I have two young kids and a Kiwi husband, and like so many other working Mums, I am constantly juggling my work and family commitments - but I love both jobs, and would be loath to give either up.

Outside of work (and parenthood) I enjoy running, swimming, travelling, and have recently discovered the joys of kayaking.

I joined FairWay Resolution in September 2014, as a Resolution Coordinator for the Family Dispute Resolution scheme and moved into the Scheme Administrator role in January this year where I provide administrative support to the Schemes Directors. TDR is one of four schemes that I provide administrative support to. I have recently graduated from Victoria University with a Bachelor in Accounting and have been working right through my study years to support myself financially and to gain work experience. Prior to this, I was the National Operations Administrator at New Zealand Red Cross where I was responsible for the provision of administrative support to the Area Management team across NZ.

I am the oldest of four children, the oldest grandchild on my mother’s side and unusually the shortest out of all the grandchildren. When I’m not at work, I’m busy with household chores, indoor netball, busting my moves in Zumba and salsa. I take pride in my work and I look forward to growing and further development in my role and learning more about the telecommunications industry.

INTRODUCING ANGIE TAPELU, SCHEME ADMINISTRATOR

Customer: “Okay, thanks.” Colleague: “Before you go, could I ask you why you called us today?” Customer: “When I looked in the phone book it said if you have any questions call 123.” What do you see as the next step in social media for the Telecommunications industry? Social Media is always evolving, it’s a growth contact channel for Chorus. Some customers prefer it over traditional phone and email channels as it provides a quick and easy way for them to engage with us and provide us with feedback. As customers are now using Social Media to engage with our business we need to ensure that our traditional contact channels continue to evolve. As a result we have redesigned the Chorus website (www.chorus.co.nz) so that more content is online and customers can ‘self-serve’ by finding answers to their questions online. What is the most technological development that has occurred in the residential Telecommunications market and why? The roll out of Ultra-Fast Broadband (www.chorus.co.nz/getting-ufb) and Gigatown (https://www.chorus.co.nz/gigatown). UFB is changing the way New Zealanders work, live and play. After winning the Gigatown competition, Dunedin is now up and running with one gigabit per second (1Gbps) broadband services, placing the city firmly on the map as the most connected in the Southern Hemisphere. What are your interests outside of work? Fishing, Cooking, Cruising on my yacht around Coromandel over summer (White Out – Whiting 29), Spending time with my partner Liam and my daughter Rose (that’s them in the picture on the previous page).

SCHEME

MEMBER PROFILE

CONTINUED...

Not uncommonly, TDR receives objections from Scheme Members about TDR considering particular complaints. Those objections are often raised not long after the customer first comes to TDR with the enquiry / complaint. The reasons for those objections are diverse, but may include a view that the complaint is vexatious or frivolous (an exclusion under the Code), or that the customer is simply wrong. The purpose of this article is to clarify the process TDR applies in determining whether or not a complaint should be excluded from the Scheme. Under the current TDR process, there are two formal times when we consider whether the complaint is within our jurisdiction to consider. Enquiry registration stage The first time we consider whether the complaint falls within the TDR Scheme, is at the outset when the customer contacts us with an enquiry. The first step in the process is that the facilitators determine whether the “Enquiry is Relevant”.

The term “Relevant Enquiry” is defined in the interpretation section of the Code as meaning: “an Enquiry that is attributable to a Scheme Member and relates to a complaint about the Customer’s Telecommunications Services”. Accordingly, at this stage the facilitators only consider two things: whether the complaint is about a Scheme Member, and whether it relates to their telecommunication services.

If the answer is ‘yes’ to both, then we register the enquiry. We do not consider at this stage whether the complaint is vexatious, or the merits of the complaint. Not only does the Code not allow us to consider such factors, it would be contrary to the natural justice requirements for both the customer and Scheme Member, for us to make a decision without first seeking the customer’s formal complaint, and also the Scheme Member’s formal reply. 2. Prior to moving into the investigation / resolution phase The second time we formally assess whether a complaint can be considered within the Scheme, is just before the complaint goes into the investigation / resolution stage. This assessment is normally made by the Scheme Adjudicator, Rex Woodhouse. The adjudicator will consider the complaint carefully, and at this point will consider whether the exclusions from the scope of the Scheme found in Clause 20 of the Code apply. The adjudicator may also consider whether the exclusions found in clause 19 apply, such as whether the complaint is frivolous, vexatious or trivial, behaviour of the customer, or even whether it would not be reasonable in the circumstances to continue with the complaint. If the adjudicator determines that the complaint should be excluded from the Scheme, the complaint is closed at that point. Otherwise, the complaint is referred to one of the practitioner team, who will work with the parties to resolve the complaint.

EXCLUDING COMPLAINTS FROM THE TDR SCHEME

OVERCOOKING THE EGG: DISPUTE RESOLUTION IN THE TELECOMMUNICATIONS CONTEXT

QUARTERLY STATISTICS December 2014 - February 2015

SCHEME MEMBERS

Sometimes, in trying to solve a dispute, we “overcook the egg”. We overthink the problem. We try too hard and push too far, too fast, too soon. In attempting to solve disputes it is often thought of as being difficult to get that all important ‘rapport’ going, upon which the rest of the conversation will develop. But we’re all doing it, developing rapport, all the time - every day of our lives. What we need to do is observe and remember our successful interactions and how we did it. We need to think, watch and repeat what we do well, and then use that which works well when a difficult (dispute) situation arises. 1. The first requirement is the use of simple clear language when building that all-important ‘rapport’. Use those sincere introductory pleasantries you use in social interactions (remember how you greet an old friend – apply that easy, warm introductory style with the people you’re meeting for the first time - and with a smile). 2. Making a deep, uncomplicated connection with the other parties is the essence of effective communication. Sincerity of thought and action is essential. Listen intently to what they say, reflect back and develop further the point they’re making so that they know you have heard every word they have said. 3. Deliver your message in the way that the other person may like to receive it. What is the ‘context’ of the person you are talking to? Manage your communication on their level and then bring it gently into a more constructive mode (up or down) if required. Use, where possible, the style and culture of their language (within reason). 4. Be constantly listening to and acknowledging the other person. Balance power with status between you in an eloquent and seamless dance. Mind-chatter (goes on constantly in our heads) needs to be removed/suppressed to allow true listening – and no evaluations ‘on the hoof’ 5. Negotiation rather than bargaining should be the key Remember that in the Hindi language there is no word for ‘negotiation’ – it is all/only bargaining. Develop the sense of collaboration within the negotiation style and avoid the ‘I’ll take as much as I can at your expense’ bargaining position that is often found in the marketplace. Developing these themes will be one of the topics of our TDR Training later in the year. - Jay Clarke

AWACS

Below are our statistics from December 2014 to February 2015. For more information on

what each of the bar charts below measure, please refer to 2013-14 TDR Annual Report.

153

103

2

48

2

156

118

2

36

0

179

133

3

43

10

20

40

60

80

100

120

140

160

180

200

Enquiry andregistration

No Formal NRE Relevantenquiries

Closed atinvestigation and

resolution phase

Dec-14 Jan-15 Feb-15