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New Zealand Gazette – 2011 – No. 79

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✨ Hearing aid service standards

8 JUNE 2011 NEW ZEALAND GAZETTE, No. 79 1855

CB15 Dispute resolution

(1) This clause does not apply to disputes about any of the following matters:

(a) the suspension or termination of an audiology provider’s authorisation:

(b) the suspension or termination of an assessor’s approval:

(d) the variation or revocation of this notice.

(2) Subject to subclause (1), if the Ministry of Health or an audiology provider has any dispute with the other under this notice, then the Ministry of Health and the audiology provider will use their best endeavours to settle the dispute by agreement.

(3) If the dispute is not settled by agreement within 20 working days, then, unless it is agreed otherwise, either party may (by written notice to the other) require that the dispute be submitted for mediation by—

(a) a single mediator agreed by the Ministry of Health and the audiology provider; or

(b) if the Ministry of Health and the audiology provider cannot agree on a mediator, a mediator nominated by LEADR; or

(c) if LEADR no longer exists or is unable to nominate a mediator, the President for the time being of the New Zealand Law Society.

(4) If a dispute is submitted for mediation under subclause (2)—

(a) the mediator will not be deemed to be acting as an expert or an arbitrator; and

(b) the mediator will determine the procedure and timetable for the mediation; and

(c) the cost of the mediation will be shared equally between the Ministry of Health and the audiology provider (unless otherwise agreed).

(5) If the dispute is not settled by mediation in accordance with subclauses (2) and (3), then either party may commence proceedings in the District Court.

(6) The Ministry of Health and the audiology provider will continue to comply with all their obligations under this notice until the dispute is resolved.

Defined in this notice: audiology provider, authorisation, eligible person, LEADR

CB16 Uncontrollable events

(1) Neither the Ministry of Health nor an audiology provider affected by an uncontrollable event will be in default under the terms of this notice if the default is caused by that uncontrollable event.

Gazette.govt.nz — NZ Gazette 2011, No 79

The Executive Wing of Parliament (depicted) is universally known as The Beehive. It was completed in 1977 and remains the primary office for the elected Government of the day.

✨ LLM interpretation of page content

🏥 Hearing aid service standards (continued from previous page)

Domain🏥 Health & Social Welfare
KeywordsDispute resolution, Mediation, Uncontrollable events, Ministry of Health, Audiology provider

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