(1) In this section
—
conciliator means a person who is —
(a) a
public service officer whose duties consist of or include the conciliation of
complaints under this Act; or
(b)
approved by the Building Commissioner as a person who may act as a conciliator
under this Act.
(2) If —
(a) the
Building Commissioner decides under section 11(1)(b) to commence a
conciliation proceeding in respect of a complaint; or
(b)
under the Building Services (Registration) Act 2011 section 51(2)(b) or
56(2)(b) the Building Services Board refers a complaint about a disciplinary
matter to the Building Commissioner for a conciliation proceeding,
the Building
Commissioner must assign the conciliation proceeding to a conciliator.
(3) A conciliation
proceeding may be commenced with or without the consent of the parties.
(4) A
conciliator’s function is to encourage the settlement of a complaint and
for that purpose the conciliator may —
(a)
communicate with the parties; and
(b)
arrange for the parties to hold conferences about the complaint and facilitate
the conduct of those conferences; and
(c) give
advice and make recommendations to assist in the reaching of an agreement.
(5) The conciliator
may have regard to a report of the investigation of the complaint prepared
under section 10 or 20 when giving advice and making recommendations.