What outcomes are possible?
Once a complaint has been lodged with iStudent Complaints, it can be completed in the following ways.
- iStudent Complaints declines to accept the case because it is not a complaint type we can consider. The complaint may then be referred to NZQA.
- The student may withdraw their complaint. If iStudent Complaints is satisfied the withdrawal has not been coerced, the case will be closed.
- The student and their provider can resolve the matter between themselves.
- Agreement is reached during the negotiation or mediation phases. The process and outcome is confidential to the parties to the dispute.
- A decision is issued by the adjudicator. The complaint will not be continued if the student fails to supply information in adjudication. The adjudicator will make a binding decision which may direct the following remedies:
- The provider pays the student an amount not exceeding $200,000
- The provider takes any other action directed by the adjudicator to remedy the matter complained about
- The provider provides non-monetary redress for any loss or damage suffered
- The provider ceases the conduct that has given rise to the claim
The International Student Contract Dispute Resolution Scheme Rules 2016 states that a student, a provider, or iStudent Complaints may apply to the District Court for, and the District Court may make, an order in accordance with section 238L of the Act—
- requiring a provider to comply with the rules of iStudent Complaints; or
- requiring a student or provider to give effect to any binding resolution; or
- modifying a resolution where its terms are manifestly unreasonable, before giving effect to it.