Code of Ethics
Disputes Resolution
Careers in Funeral Service
Disputes Resolution
FDANZ Commitment
FDANZ can help
What do you do?
What will we do?
The formal procedure
Confidentiality
What the Mediator looks for
If the funeral practice is at fault
Download Disputes Resolution Procedure and Process (PDF format, 134KB)
FDANZ Commitment
Despite everyone's best intentions, clients are sometimes unhappy with the service provided by a funeral practice.
All members of the Funeral Directors Association of New Zealand (FDANZ) have therefore agreed to comply with a Disputes Resolution Procedure which is:
- Fair
- Prompt
- Free of charge
- Legally binding
If you have a dispute with or complaint about the service provided by a member of FDANZ, try first to resolve it personally with the manager of the practice.
If you have no success, ask another family member to try and resolve the matter. If that approach fails, it's time to contact us.
FDANZ can help
If you believe one of our members has been unfair, unethical, unprofessional or insensitive, we can help.
For legal reasons we cannot deal with breaches of criminal law, or allegations of over-charging. These should be referred to the Courts or the Disputes Tribunal.
What do you do?
Write, fax or email us at the address below. We need:
- Details of the dispute or complaint and what you want done about it.
- Copies of any letters to and from the funeral practice.
- Your role in the dispute and contact details (address/phone/fax/email).
What will we do?
An officer of the Association will talk to you and the funeral practice in an effort to informally resolve the matter. You may be asked for more information.
If the dispute cannot be resolved informally, you will need to sign a Statutory Declaration if you want to take the matter further.
The Statutory Declaration states that you will:
- Accept the decision of the FDANZ Disputes Committee or, if its decision is appealed, the Funeral Disputes Mediator as being full and final. This means neither party can prolong the dispute by taking it to Court.
- Keep confidential all communications relating to the dispute, including the final decision. This means neither party can go to the media to argue their side of the dispute.
The formal procedure
Once we receive your Statutory Declaration, the dispute will be investigated by a Disputes Committee made up of respected funeral directors.
The Committee will write to you with their decision – normally within 90 days.
You (and the funeral practice) then have up to 60 days to appeal the decision to the Funeral Disputes Mediator, an independent and impartial person.
The Mediator (like the Committee) considers the written submissions of both parties and may seek any other information.
The decisions of the Disputes Committee (if no appeal is lodged) and the Funeral Disputes Mediator are final and binding on both parties and the Association.
Confidentiality
Copies of your statements and evidence will be given by FDANZ or the Mediator to the other party for comment. You will also see copies of everything provided by the funeral practice.
In all other respects, the information you provide will normally be kept strictly confidential.
However, the Mediator's annual report – which does not name the parties involved in disputes – is released publicly. Also, if one of the parties to your dispute has already ‘gone public’, the Mediator may choose to hold public hearings and/or make their decision public.
What the Mediator looks for
The Disputes Committee and Mediator take into account:
- The principles of good funeral directing and embalming practice
- The FDANZ Code of Ethics and Code of Conduct
- Relevant laws, rules and regulations
- The circumstances of the client
- The way the funeral practice dealt with the client
- The way the client dealt with the funeral practice
- Anything else they consider relevant.
If the funeral practice is at fault
If the Disputes Committee or Mediator find in your favour, the sanctions available to them may include:
- An apology
- A partial refund
- A small ex gratia payment The funeral director involved may:
- Have his/her practising certificate or registration suspended
- Be required to undertake appropriate training or counselling
The funeral practice may have its membership of FDANZ reassessed.
Disputes Resolution Procedure and Process
A copy of the full Disputes Resolution Procedure and Process is available to download here (PDF format, 134KB).
NB: This document is in PDF format and you will need to have Adobe Acrobat Reader (or a similar application) on your computer in order to view it. You can download the latest free version of Adobe Acrobat Reader from the following website: www.adobe.com/products/acrobat/readstep2.html. This link will take you directly to the page you need to download the software from. Follow steps one, two and three at the bottom of the page.