37 Commissioner may refer complaint to advocate

(1)

At any time after completing a preliminary assessment of a complaint (whether or not the Commissioner is investigating, or continuing to investigate, the complaint himself or herself), the Commissioner may refer the complaint to an advocate for the purpose of resolving the matter by agreement between the parties concerned.

(2)

On a referral of a complaint, under subsection (1), the advocate must—

(a)

use his or her best endeavours to resolve the complaint by agreement between the parties concerned; and

(b)

report the results of those endeavours to the Commissioner.

(3)

Every report made under subsection (2)(b) must record—

(a)

the terms of any agreement reached between the parties concerned; and

(b)

if agreement is not reached on all matters, those matters on which agreement is reached and those matters on which no agreement is reached; and

(c)

any other matters that the advocate thinks fit.

(4)

A copy of every report made under subsection (2)(b) must, on request, be made available by the Commissioner to each of the parties concerned.

Section 37: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).