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The dispute notice must set out what the dispute is about, who it's with, the grounds and what's been done so far to try to resolve it. If the operator is not a party to the dispute, the person giving the dispute notice must give a copy to the operator. The other party may reply to the dispute notice, setting out what they accept and reject. 

The Guide to the Act has more information such as when a dispute notice can be given, the types of disputes that can be taken to a disputes panel and the costs.

This page explains what operators have to do and what the disputes panel does.

This flowchart sets out the basic disputes procedure.

What operators have to do

Once a dispute notice has been given, the operator has 20 working days to appoint one or more independent members from the Retirement Commissioner's approved list to form the disputes panel under a contract for services. The operator must make sure that the appointed members are completely independent of their village and the operator and have had no previous involvement in the dispute. They must also consult the other parties about who to appoint. If the dispute is about the disposal of a unit, the operator must appoint a minimum of three members, including a chair. Operators are also responsible for paying the members and covering their expenses.

The operator must give a notice of appointment to each party, with the name(s) and contact details of the dispute panel member(s). The operator must also promptly give the Retirement Commissioner copies of the following documents, in relation to each member appointed:

• The dispute notice
• The disclosure (if any) made by the member about their independence
• The contract for services
• The notice of appointment of the member
• Certification that the operator:
  • has complied with all their statutory obligations in appointing the member
  • believes the panel member has complied with the disclosure requirements.

What the disputes panel does

Once appointed, the disputes panel is responsible for the process throughout - from asking for more information about the dispute, to conducting the hearing, to making and notifying the decision. Key steps include:

• Consulting the parties about the hearing, including about:
  • holding a hearing, its time and place, how long it will take, and whether any part should be held in private or not be published
  • identifying the issues in dispute
  • ascertaining the evidence to be presented and how it is to be given
  • allowing any party to be represented
• Sending the notice of hearing to each party. This includes information about the issues to be addressed, reference to relevant provisions of the Act or regulations and the procedure.  
• Conducting the hearing, usually in public, in a fair and expeditious way.
• Making a decision on the dispute according to the general principles of the law and the merits and justice of the case. This can include changing an occupation right agreement or ordering any party to comply with the agreement, or to pay or refund money. Awards of costs and expenses can also be ordered.
• Notifying the decision in writing to the parties, the operator and the Retirement Commissioner as soon as practicable. This must include findings of fact and reasons.