Legal fight over 'ombudsman' name

Former Chief Ombudsman Dame Beverley Wakem stepped down from the position last year. Photo / NZPA / Marty Melville.

The Chief Ombusman is fighting with a financial dispute resolution service about whether the company can use the name "ombudsman".

The use of the term is restricted and businesses or services wanting to use it must get the okay from the Chief Ombudsman.

Despite Judge Peter Boshier taking the position over from Dame Beverley Wakem last year, she is still named in legal action before the High Court.

Financial Services Complaints, a company that provides dispute resolution for providers and their customers, sought approval to use the term 'ombudsman' last May.

FSC wanted to change its name when a competitor proposed to call itself the "Insurance and Financial Services Ombudsman Scheme".

FSC said it became concerned about public confusion about the schemes and realised its name lacked the "gravitas or mana" that "Ombudsman" conveys.

After Wakem declined FSC's proposed name change, the company sought a judicial review.

It alleges her refusal is unlawful, unfair and unreasonable.

Wakem, in turn, applied to have this challenge thrown out by a High Court judge.
She argued a section of the Ombudsmen Act gave her immunity from judicial review.

However, Justice Kit Toogood did not consider her refusal over the name fell within the relevant part of the law.

He dismissed Wakem's strike out bid last month.

It was not plain and obvious, the judge said, that FSC's judicial review bid could not succeed at trial.

Read the full decision here: