What is FDR?

FDR is an independent dispute resolution scheme for consumers and financial service providers to use when they are unable to resolve a dispute.

In this section there is information about:

FDR was established by the Government as part of a new regime to provide greater accountability and transparency in the financial sector. Under the regime, a wide range of Financial Service Providers (FSPs) must be registered to legally provide financial services. In order to register FSPs must be members of an external dispute resolution service, one of which is FDR.

Financial service providers giving services and advice to the public must be on the Financial Service Providers Register (operated by the Companies Office) by 1 December 2010. One of the requirements of registration is membership of an external dispute resolution scheme.

A few financial service and advice providers will not have to join a dispute resolution scheme however. These are:

  • FSPs that only deal with wholesale clients
  • Financial advisers who are employed by a registered FSP, and
  • Financial advisers who are nominated representatives of a Qualifying Financial Entity (QFE).

There is more information on the Frequently Asked Questions section of the website.

Who is FairWay Resolution?

www.fairwayresolution.com

The FDR scheme is operated by FairWay Resolution.

FairWay Resolution is an award-winning, nationwide company with extensive public and private sector experience. It provides the primary dispute resolution service for ACC, and for the telecommunication industry as the scheme provider for the Telecommunication Dispute Resolution service (TDR). FairWay Resolution operates all of its services according to the international best practice standards for dispute resolution: independence, fairness, accessibility, effectiveness, efficiency, accountability.

FairWay Resolution has been operating since 1999, and covers a range of industry sectors including complex medical, disability, employment and commercial issues.

FairWay Resolution is an independent Crown Owned company.  FairWay Resolution is listed on the Crown Entity Schedule, with the shareholding Ministers being the Ministers of Finance and ACC.

FairWay Resolution has offices in Auckland, Wellington and Christchurch.

For more information about the senior management and board of FairWay Resolution, please go to the FairWay Resolution website.

Advisory Body

The Advisory Body is appointed by the Government to monitor FDR. The Advisory Body is made up of seven members:

  • Three members based on governance experience and knowledge of, or connections with, the industry
  • Three members to represent consumer interests, including one from a nationally recognised body concerned with consumer interests
  • An independent Chair. 

Members of the Advisory Body will be appointed for either two or three years, to maintain continuity. 

Expert Panel

As part of FDR's commitment to international best practice for dispute resolution, it has an independent panel to call on when an expert opinion is required by the scheme adjudicator. Each of the panel members is carefully selected for their expertise in their respective field. To avoid any conflict of interest they must not be practicing, or otherwise declare any potential conflict - in which case they will stand aside.

The FDR expert panel members are:

Josephine Campbell

  • Chartered Accountant,
  • Consultant to Banking Ombudsman 2008-present,
  • MED 2006-2008,
  • Financial Ombudsman Service (UK) 2004-2005,
  • Client Advisor Goldman Sachs JB Were 1996-2003,
  • Client Advisor Merrill Lynch 1992-1996,
  • TrustBank 1990-1992.

Chris Kelly

  • General Counsel The New Zealand Guardian Trust Company Ltd,
  • 30 years experience as a lawyer specialising in trust and estate work,
  • co-authored New Zealand legal text book on trusts – Garrow and Kelly “Law of Trusts and Trustees” (6th edition),
  • co-authored legal text on wills, probate and estates – “Dobbie’s Probate and Administration Practice” (5th edition),
  • Barrister and Solicitor of the High Court of New Zealand,
  • member of the UK Society of Trust and Estate Practitioners (STEP).
  • LLM BA Dip Mgmt TEP.

 Justin Kerr

  • Executive Director, Financial Services Federations Inc 1988-2010,
  • Executive Office and Director, Commerce Commission 1978-1988,
  • Pre 1988 included work as an analyst with |the Productivity Centre and six years experience as a share broker,
  • Senior Fellow Financial Services Institute of Australasia,
  • BCA Economics VUW,
  • DipBank, Massey.

David Greenslade BA, MBA, Dip Mgt, Dip Bus Studies (PFP), AFNZIM, MInstD, AFA

  • Managing Director of Strategi Ltd and Strategi Institute Ltd
  • Author of a the book ACES and Harnessing the Opportunity to Build Profitable Businesses
  • Publisher and editor of the Sales and Marketing Kit for Financial Advisers; the Portfolio Construction Manual; the Best Practices Manual, and the Investment Knowhow series of publications
  • Published artilces and comments in financialalert, Good Returns, NBR, Asset Magazine, Money Management, Journal of Financial Advice and Leading Minds Academy
  • Developed and published “A Reference Guide to Key Legislation and Code of Professional Conduct”

David Whyte

  • Innovative product Design Limited, Managing Director
  • Board Member and Non-Executive Director of Southern Response Earthquake Services Limited
  • Previously CEO Ginger Group
  • Authorised under the UK Financial Services Act
  • Responsible for developing the original network of founding independent advisers for Sovereign
  • Manager of AIA in the mid-1990s
  • Previously Managing director of AIG Life in Australia
  • Served on the board of the ISI, the Ombudsman’s Board, the risk committee of IFSA in Australia
  • Previously a director of Fidelity Life

Ho Yew Mun MBA MSID

  • Independent director of companies listed on the Singapore Exchange
  • Extensive experience in capital and securities markets in Singapore and Hong Kong
  • Managing Director, Investment Banking Group, Global Financial Markets 2001 - 2005
  • Senior Vice President, Singapore Exchange (SGX), DBS Bank Ltd
  • Financial Management Consultant, Treasury (New Zealand)
  • Manager, Financial Management Policy Implementation, FMR Treasury
  • President, Association of Chartered Certified Accountants, Singapore
  • International Assembly Member, Association of Chartered Certified Accountants UK
  • Advisor, Social Impact Exchange (Asia); and Singapore Representative, the East Asia Certified Public Accountants, Singapore
  • Member of the New Zealand Institute of Accountants
  • Member of the Singapore Institute of Directors

In house expertise

Stuart Ayres, Scheme Manager


Stuart is the business manager of the FDR scheme for FairWay Resolution. He is also involved in business development, relationship management, assisting members with compliance and developing complaints management as a business tool; consumer awareness, media relations and liasion with the various regulators, government agencies.  

Stuart has an extensive background in finance, spanning  20 years with banking and finance companies; 11 years in his own mortgage and insurance advising business; and 7 years in governance of New Zealand Mortgage Brokers Association. He has owned and developed residential and commercial property; consulted to an importing and distribution business and finance company.

Outside of family, his interests include Rotary, community, fly fishing, cycling, tramping, photography, travel. He is a member of FINSIA and has numerous connections in the finance industry

Derek Pullen, Scheme Adjudicator

Derek has extensive experience in adjudication over a period of 16 years, both as a practitioner and as a manager of statutory and industry-based adjudication services

He is an experienced mediator and conciliator with a background in legal practice (mainly civil litigation including financial disputes) and legal teaching

Derek is a member of the Arbitrators' and Mediators' Institute of New Zealand (AMINZ)

AMINZ gold medal award in 2002 

 

Rob Tucker, Auckland Representative


Rob is involved with business development, relationship management, assisting members with compliance and developing complaints management as a business tool; and consumer awareness.

Rob has an extensive background in banking, finance companies and mortgage broking encompassing 35 years. He was the founding Chairman of  New Zealand Mortgage Brokers Association,assisted with the establishment and became managing director of a finance company; managing director of an events management company; lectured in Advanced Property Finance and  Investment.

He is an Assessor and subject matter expert with ETITO.

He loves golf; cycling; travel; flying and family activities.

Mediation Team
Expert and experienced in disputes resolution, the FDR Adjudicators and Conciliators are all lawyers and members of AMINZ - Arbitrators and Mediators Institute of New Zealand. They have successfully mediated across many industries and have received training in the finance sector. In keeping with international best practice it is critical the mediation team are not the financial experts, but that they can access expertise when required.

The FDR Facilitators are the frontline personnel who receive and register complaints, and liaise with complainants and Scheme Members at a high level. Facilitators aim to resolve disputes as early as possible, and work closely with the Scheme Adjudicator.

Related organisations

For more information about registration, see the Financial Service Providers Register website.
For more information on which financial advisers must join a dispute resolution scheme see the Financial Markets Authority website FAQ Pages and Information for Financial Advisers or the Financial Service Providers Register FAQ page.

Key Dates

There are some key dates that  financial service providers should be aware of, including the deadline for registration with an external dispute resolution scheme.

Now:

Eligible FSPs can join FDR now.

1 October 2010:

FDR can consider complaints from consumers about disputes that happened from this date onwards. Consumers must have made the complaint to their FSP first, and FSP must be an FDR scheme member.

1 December 2010:

The Government would prefer that all FSP's are registered by this date.

31 March 2011:

Final deadline for registration for all FSP advisers and QFEs.