(1) Part 2, sections 38 to 47, Part 4, sections 94 to 100, sections 107 to 110, and Schedules 1 to 4 come into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made appointing different dates for different provisions.

(2) The rest of this Act comes into force on 1 February 2004.

Section 2: Part 4 brought into force, on 1 October 2006, by the Retirement Villages Act Commencement Order 2006 (SR 2006/197).

Section 2: Part 2, sections 38–47, 94–100, 107–110, and Schedules 1–4 brought into force, on 1 May 2007, by the Retirement Villages Act Commencement Order (No 2) 2006 (SR 2006/296).

The purpose of this Act is—

• (a) to protect the interests of residents and intending residents of retirement villages:

• (b) to enable the development of retirement villages under a legal framework readily understandable by residents, intending residents, and operators:

• (c) for the purposes in paragraphs (a) and (b),—

  • (i) to promote understanding of the financial and occupancy interests of residents and intending residents of retirement villages:

  • (ii) to provide an industry-focused regulatory and monitoring regime for retirement villages in which compliance costs are minimised:

  • (iii) to provide external oversight of the conditions of entry into, and the continuing operations of, retirement villages:

  • (iv) to introduce requirements and procedures necessary to give effect to the regulatory and monitoring regime referred to in subparagraph (ii):

  • (v) to provide an environment of security and protection of rights for residents of retirement villages:

  • (vi) to confer on the Registrar of Retirement Villages and the Retirement Commissioner powers, functions, and duties relating to this Act.

This Act binds the Crown.

In this Act, unless the context otherwise requires,—

(1) In this Act, but subject to subsections (2) to (6), retirement village means the part of any property, building, or other premises that contains 2 or more residential units that provide, or are intended to provide, residential accommodation together with services or facilities, or both, predominantly for persons in their retirement, or persons in their retirement and their spouses or partners, or both, and for which the residents pay, or agree to pay, a capital sum as consideration and regardless of whether—

• (a) a resident's right of occupation of any residential unit is provided by way of freehold or leasehold title, crosslease title, unit title, lease, licence to occupy, residential tenancy, or other form of assurance, for life or any other term; or

• (b) the form of the consideration for that right is a lump sum payment or deduction, or a contribution or a payment in kind of any form, a periodic payment or deduction, or any combination of such payments or deductions, whether made before, during, or after occupancy; or

• (c) the consideration is actually paid or agreed to be paid by a particular resident or particular residents or on behalf of that resident or those residents, or by another person for the benefit of that resident or those residents; or

• (d) the resident makes an additional payment or periodical payment (for example, a service fee) for any services or facilities or access to such services or facilities; or

• (e) the services or facilities, or both, are provided by the owner of the property, building, or other premises, or by any other person under an arrangement with the operator of the village.

(2) A retirement village includes any common areas and facilities to which residents of the retirement village have access under their occupation right agreements.

(3) Despite subsections (1) and (2), if 1 or more of the residential units referred to in subsection (1) are located in a rest home or hospital care institution, the only parts of that rest home or hospital care institution that comprise, or are included in, the retirement village are—

• (a) the residential unit or units themselves; and

• (b) the common areas and facilities within the rest home or hospital care institution (if any) to which the resident or residents of the unit or units have access only by reason of their occupation right agreement.

(4) For the avoidance of doubt, the following are not retirement villages for the purposes of this Act:

• (a) owner-occupied residential units registered under the Unit Titles Act 1972 or owner-occupied cross-lease residential units that in either case do not provide services or facilities to their occupants beyond those commonly provided by—

  • (i) similar residential units that are not intended to provide accommodation predominantly for retired people and their spouses or partners; or

  • (ii) residential units occupied under tenancies to which the Residential Tenancies Act 1986 applies:

• (b) boarding houses, guest houses, or hostels:

• (c) halls of residence associated with educational institutions.

(5) Whether or not a property or building is, or any other premises are, a retirement village must be determined according to the nature, substance, and economic effect of the operation of the property, building, or premises and other facts, and independently of its or their form or description in any document.

(6) For the avoidance of doubt,—

• (a) a property, building, or other premises does not cease to be a retirement village by reason only that persons in their retirement cease to predominate amongst residents of the village:

• (b) a retirement village does not include any land or building that is under development as a retirement village, or as part of a retirement village, that is not occupied by any resident.

(7) This section must be read in conjunction with section 103 (which authorises the making of regulations declaring specified property, buildings, or other premises, or property, buildings, or other premises of a specified class, to be or not to be a retirement village for the purposes of this Act).

If obligations are imposed on the operator of a retirement village by this Act,—

• (a) each operator of that retirement village must perform the obligation or ensure that it is performed; and

• (b) each director or trustee of that operator and the person appointed as the manager of the village must take all reasonable steps to ensure that the obligation is performed.

(1) This section applies to any provision in any agreement or other document that directly or indirectly has the effect of involving the residents of a retirement village in—

• (a) exempting any operator or any director, trustee, or office holder of an operator from any liability that, by virtue of any rule of law, would otherwise attach to him or her in respect of any negligence, default, breach of duty, or breach of trust of which he or she may be liable in relation to the retirement village; or

• (b) indemnifying any such operator or director, trustee, or office holder against any such liability.

(2) Except as provided in subsection (3), any provision to which this section applies is void.

(3) Nothing in subsection (2) deprives any operator or director, trustee, or office holder of an operator, of any exemption or right to be indemnified in respect of anything done or omitted to be done by him or her while any such provision was in force if the exemption or indemnity was in existence on or before the day on which this section comes into force.

(1) Subsection (2) applies if, in any civil proceeding for negligence, default, breach of duty, or breach of trust against an operator or director, trustee, or office holder of an operator in connection with a retirement village, it appears to the court hearing the case that—

• (a) the person is or may be liable in respect of the negligence, default, breach of duty, or breach of trust; but

• (b) the person has acted honestly and reasonably; and

• (c) having regard to all the circumstances of the case, the person ought fairly to be excused for the negligence, default, breach of duty, or breach of trust.

(2) If this subsection applies, the court may relieve the person referred to in subsection (1), either wholly or partly, from the person's liability on any terms that the court thinks fit.

(1) The operator of a retirement village must ensure that it is registered.

(2) The operator of a retirement village must lodge with the Registrar an application for registration in the prescribed form together with the following:

• (a) the form of the disclosure statement or statements, which must—

  • (i) be complete, apart from personal information relating to particular residents or particular occupation right agreements; and

  • (ii) disclose whether any holder of a security interest to whom section 12(1)(b) applies has refused to consent to the registration of the village and the effect of that refusal; and

• (b) a full legal description of the part of the property, building, or premises comprising the retirement village, together with—

  • (i) copies of any certificates of title, plans, deeds, leases, or other documents evidencing that description, and identifying any computer registers on which the certificates of title are recorded; and

  • (ii) the address of the holder of any security interest registered against any of those certificates of title; and

• (c) unless the operator of the retirement village is exempt, under section 41, from the requirement to appoint a statutory supervisor, the name of the statutory supervisor, a copy of the statutory supervisor's consent to act, and a copy of the deed of supervision; and

• (d) the form of the occupation right agreement; and

• (e) the prescribed fee for registration or an application for approval to pay the prescribed fee by arrangement; and

• (f) any other matter prescribed by regulations.

(3) The Registrar must—

• (a) not register any retirement village if, in the opinion of the Registrar, the application or any information supplied contains a statement that is false or misleading or omits any material particular:

• (b) register the retirement village if the operator has complied with subsection (2), the circumstances in paragraph (a) do not exist, and all prescribed fees have been paid, or satisfactory arrangements have been made for their payment.

(4) The Registrar may refuse to consider an application for registration or an amendment to registered documents if arrangements for the payment of prescribed fees are not in place.

(5) After registering a retirement village, the Registrar must allocate a month to the retirement village for the purpose of delivering the annual return required by section 13 and may, at any time by written notice to the operator, alter the month allocated.

(6) This section is subject to section 12.

Registration of a retirement village does not imply approval by the Registrar or the Crown of the retirement village or any of the matters in the application.

(1) If a retirement village has 1 or more residents at the commencement of this section,—

• (a) an application for registration must be lodged under section 10 within 6 months from the day on which this section comes into force:

• (b) the operator must seek the written consent to the registration of the village of any person who—

  • (i) was a holder of a security interest in the village on 31 December 2002; and

  • (ii) has not, since that date, obtained any new security interest in the village or agreed to any increase—

    • (A) in the term of the security interest; or

    • (B) if the holder offers a credit facility (for example, an overdraft), in the maximum sum secured by that security interest; or

    • (C) if any other sum is secured by the security interest, in the sum secured by that security interest:

• (c) the operator must include the written consent of that person with the application for registration, if that consent is given:

• (d) no offer of occupation may be made after the expiry of 12 months from the day on which this section comes into force unless the retirement village is registered under this Act.

(2) If the holder of a security interest to whom subsection (1)(b) applies fails or refuses to consent to the registration of a retirement village,—

• (a) the operator of the village must promptly notify the statutory supervisor of the village (if there is one), and every resident and intending resident, of that failure or refusal and its effect:

• (b) that failure or refusal does not prevent the registration of the village as a retirement village, or affect the obligation of the operator to apply for registration of the village.

(3) Nothing in this section exempts any operator from the obligation to issue a disclosure statement that complies with this Act to any intending resident after the commencement of this section.

(4) The operator of a retirement village to which subsection (1) applies must issue a disclosure statement that complies with this Act to every resident, within 12 months after the date on which this section comes into force.

(1) An operator of a retirement village must ensure that there is delivered to the Registrar each year, for registration, during the month allocated to the retirement village for the purpose, an annual return for that village signed by the operator or by a solicitor or chartered accountant.

(2) The annual return must be in the prescribed form and must contain the prescribed information for the prescribed period.

(3) The annual return that is delivered for registration must be accompanied by—

• (a) the certificate referred to in section 16; and

• (b) a copy of the audited financial statements that the operator is required to prepare under the Financial Reporting Act 1993 (being statements that comply with that Act); and

• (c) if the operator is not exempt, under section 41, from the requirement to appoint a statutory supervisor, a certificate signed by the statutory supervisor stating that—

  • (i) the operator has supplied to the supervisor a copy of the retirement village's audited financial statements (being statements that in the supervisor's opinion comply with the Financial Reporting Act 1993); and

  • (ii) the information contained in the annual return is, to the best of the supervisor's knowledge and belief, accurate; and

• (d) the prescribed fee for filing an annual return or an application to pay that prescribed fee by arrangement.

(4) The annual return must be dated as at a day within the month in which the return is required to be delivered to the Registrar, and the information required to be contained in it must be accurate as at that date.

(5) Despite subsection (1), a retirement village need not make an annual return in the calendar year of its registration.

The Registrar may alter the register if the annual return contains any of the following information that is different from the information entered on the register:

• (a) an address of the registered office of the retirement village:

• (b) an address for service of the retirement village:

• (c) a postal address of the retirement village.

Every retirement village that is registered remains registered unless the Registrar suspends or cancels its registration.

An operator of a retirement village must, in the prescribed form and within the prescribed periods, lodge a certificate with the Registrar confirming that each registered document (other than a document that has been replaced by another registered document) is correct and current and, in the opinion of the persons signing the certificate, not likely to mislead or deceive any resident, intending resident, or the public.

(1) The operator of a registered retirement village must, in the prescribed form (if any), notify the Registrar and the statutory supervisor of the village (if there is one) of—

• (a) any material change to any of the registered documents before that document or changed document is published or made available to any resident, any intending resident, or the public; and

• (b) any material change to the information contained in any registered document; and

• (c) any change of circumstances that makes any registered document likely to be misleading or deceptive to any resident, any intending resident, or the public; and

• (d) any change—

  • (i) of any operator of the retirement village (whether as a result of the sale or other disposal of the retirement village or otherwise); or

  • (ii) of the controlling interests in any operator of the retirement village (whether as a result of the sale of shares in the operator or otherwise); or

  • (iii) to the name or address of any operator of the retirement village.

(2) Nothing in subsection (1) prevents an operator of a retirement village from—

• (a) notifying the Registrar of any change to a registered document or to the information in a registered document that is not required to be notified under subsection (1):

• (b) complying with subsection (1)(a) or (b) or (d) by lodging with the Registrar an amended or new document in place of a registered document together with the appropriate prescribed form (if any).

(3) If notice is given to the Registrar under subsection (1) or subsection (2)(a), the Registrar may—

• (a) amend the registered document accordingly or add the document to the register; or

• (b) require a new document to be lodged under section 10(2); or

• (c) if section 18(1) applies, suspend registration of the retirement village under that provision.

(1) The Registrar may suspend the registration of any retirement village if he or she considers that—

• (a) any registered document is likely to mislead or deceive any resident, any intending resident, or the public; or

• (b) the operator is failing to comply with this Act or any regulations made under this Act; or

• (c) any prescribed fee required to be paid by the operator of the retirement village is not paid.

(2) The Registrar must give notice of the suspension to the operator of the retirement village and to the statutory supervisor of the village (if there is one), and that notice must specify—

• (a) the reason for the suspension; and

• (b) the steps required to be undertaken by the operator to have the suspension lifted.

(3) Once the operator of a retirement village has received notice of its suspension of registration, the operator, while the suspension is in force,—

• (a) must take all reasonable steps to withdraw any advertisement or offer of occupancy relating to the retirement village:

• (b) must not enter into any occupation right agreement relating to the retirement village with any person.

(1) The Registrar must cancel the registration of a retirement village if the Registrar—

• (a) receives a request in writing for cancellation from the operator of that retirement village in the prescribed form; and

• (b) is satisfied that the requirements of subsection (2) (if applicable) and subsection (3) have been complied with; and

• (c) is satisfied that the village has ceased to operate as a retirement village or will do so on cancellation of its registration.

(2) If there is more than 1 operator of the retirement village, the request in writing must be made by all operators of the village.

(3) Except as provided in section 23, cancellation of registration has the same effect as suspension of registration and the operator must take action under section 18 as if notice of suspension of registration had been given under section 18(2).

(4) No operator may request the cancellation of the registration of any retirement village that has any residents unless—

• (a) all residents of the village have received independent legal advice about the effects of cancellation of registration; and

• (b) at least 90% of those residents have consented in writing to that cancellation.

(5) The Registrar must give notice of the cancellation of registration to the operator or operators of the village and to the statutory supervisor of the village (if there is one).

Every operator of a retirement village and the Registrar must comply with the applicable provisions of Schedule 1 (which sets out requirements relating to the lodging of documents for registration and the keeping of the register by the Registrar).

(1) The Registrar must notify the Registrar-General of Land of the registration of a retirement village, and of any change to the property, building, or premises comprising the retirement village notified to the Registrar in accordance with section 13 or section 17.

(2) The notification must contain a description of the land that comprises the retirement village and identifies the particular certificates of title or computer registers required to be noted under subsection (3), a copy of any written consent to registration of the village lodged with the Registrar under section 12(1)(c), and the address of the holder of any security interest that is registered against the title.

(3) The Registrar-General of Land must note on every certificate of title or computer register relating to a registered retirement village the words “Subject to section 22 of the Retirement Villages Act 2003 (which provides priority for the rights of residents ahead of the rights of holders of security interests)”.

(4) The Registrar-General of Land must, when the memorial referred to in subsection (3) is noted, give notice of the memorial to the holder of any security interest registered against the certificate of title.

(1) If a memorial is entered under section 21, then, unless all residents of the retirement village have received independent legal advice and at least 90% of those residents have consented in writing, the holder of a security interest or any receiver or liquidator or statutory manager of property comprising the retirement village or of any operator of the village must not exercise any right to—

• (a) dispose of the retirement village other than as a going concern; or

• (b) disclaim any occupation right agreement relating to the retirement village as onerous property under section 269 of the Companies Act 1993 or section 117 of the Insolvency Act 2006; or

• (c) evict any resident or exclude any resident from the use of any facilities or any part of the retirement village to which that resident is ordinarily entitled.

(2) Subsection (1) applies whether or not the security interest is registered against the certificate of title.

(3) The holder of the security interest, or any receiver or liquidator or statutory manager of property comprising the retirement village or of an operator of the village, may apply to the High Court for an exemption from any requirement of subsection (1), and that exemption may be granted subject to any conditions that the court considers appropriate.

(4) This section does not affect—

• (a) the exercise of any right conferred on any person under an occupation right agreement (including, without limitation, any right to specified services or any right conferred on the operator of a retirement village to terminate the occupation right of a resident or exclude a resident from the use of any facilities or part of the village, or to reduce or cancel services); or

• (b) the exercise of any specified right by a person who—

  • (i) was the holder of a security interest in the retirement village on 31 December 2002 (being a security interest that continues to secure the payment or repayment of all or any part of a sum secured by it on that date, that has not been paid or repaid); and

  • (ii) has not, since that date, obtained any new security interest in the village or agreed to any increase—

    • (A) in the term of the security interest; or

    • (B) if the holder offers a credit facility (for example, an overdraft), in the maximum sum secured by that security interest; or

    • (C) if any other sum is secured by the security interest, in the maximum sum secured by that interest; and

  • (iii) has failed or refused to consent to the registration of the village.

(5) In subsection (4)(b), specified right means any right conferred by the security interest referred to in subsection (4)(b)(i) (being a right provided in that security interest as at 31 December 2002).

(1) If the registration of a retirement village is cancelled under section 19 (but not if it is suspended under section 18), the Registrar must notify the Registrar-General of Land of that cancellation.

(2) The notification must identify the particular certificates of title or computer registers to enable the Registrar-General of Land to act under subsection (3).

(3) Upon receipt of a notice under subsection (1), the Registrar-General of Land must remove a memorial on a certificate of title entered under section 21.

If a receiver is appointed in respect of property of an operator that includes a retirement village or a liquidator or statutory manager is appointed for an operator, the receiver or liquidator or statutory manager must ask the statutory supervisor of the retirement village (if there is one) to represent the interests of residents in negotiations with the receiver or liquidator or statutory manager concerning the protection of the residents' interests.

(1) No person may—

• (a) make, allow to be made, or acquiesce in the making of any offer of occupation or the publication of any advertisement after the expiry of 6 months from the day on which this section comes into force; or

• (b) make, allow to be made, or acquiesce in the making of any representation that all or part of any property, building, or premises is a retirement village if that representation is included in an advertisement published after the expiry of 6 months from the day on which this section comes into force; or

• (c) enter into any occupation right agreement after the expiry of 6 months from the day on which this section comes into force—

that relates to a retirement village that is not registered under this Act.

(2) Subsection (1) does not apply if—

• (a) the retirement village has never been registered under this Act; and

• (b) section 12 is complied with; and

• (c) the Securities Act 1978 and all other applicable legislation is complied with; and

• (d) the offer is made and the occupation right agreement is entered into no later than the expiry of 12 months from the day on which this section comes into force.

(3) Subsection (1) does not apply to a statement made by, or on behalf of, the promoter of a retirement village if the statement is to the effect that the promoter intends to apply for registration of the village under this Act and to make offers of occupation to the public and the statement contains no information other than—

• (a) the name of the promoter; and

• (b) a description of the occupation rights intended to be offered, including a brief description of any rights or privileges to be included in the offer; and

• (c) a statement of the services or facilities to be provided; and

• (d) a statement of the total number of occupation rights intended to be offered; and

• (e) the terms of the intended offer; and

• (f) a description of the class of persons to whom it is intended the offer will be made; and

• (g) the date on which the promoter expects the offer will be made.

(1) Before any advertisement for occupation rights in a retirement village is published, the operator and promoter of the village must take all practicable steps to ensure that the advertisement is not misleading or deceptive.

(2) Subsection (1) does not affect the obligations of the operator or promoter under the Fair Trading Act 1986.

(1) No person may make any other person an offer of occupation in a retirement village, or accept an offer by a person to become a resident in a retirement village, except in accordance with an occupation right agreement that contains, in a clear and unambiguous form,—

• (a) provisions and information of the kind specified in Schedule 3; and

• (b) any other provisions required to be specified in an occupation right agreement by this Act or regulations made under this Act; and

• (c) if the occupation right relates to a residential unit to be built or completed at a later date, a proposed date for completion of that unit.

(2) An occupation right agreement may contain—

• (a) a provision requiring decisions of a majority of residents or a specified proportion of residents greater than a majority to bind all residents, except where this Act or any other enactment requires a specified proportion of residents to give consent in relation to any matter:

• (b) provisions that differ from the provisions of the current registered form of occupation right agreement, but only if those provisions are no less favourable to the residents concerned than the provisions contained in the registered document.

(3) An intending resident must receive independent legal advice before signing the occupation right agreement.

(4) The signature of the intending resident on the occupation right agreement must be witnessed by a lawyer.

(5) The lawyer who witnesses the signature of an intending resident must certify on the prescribed form (if any) that, before the intending resident signed the agreement, the lawyer explained to that person the general effect of the agreement and its implications.

(6) The explanation required to be given by subsection (5) must be given in a manner and in language that is appropriate to the age and understanding of the intending resident.

(7) If an occupation right agreement is to be signed by an attorney of an intending resident, or a welfare guardian or manager of the property of an intending resident appointed under the Protection of Personal and Property Rights Act 1988, that person must be treated as the intending resident for the purposes of subsections (3) to (6).

(1) An occupation right agreement must contain a provision allowing a resident (other than a person who is a resident solely because paragraph (c) of the definition of resident applies to that person) to cancel the agreement,—

• (a) without having to give any reason, by notice given not later than 15 working days after the agreement is signed by the resident; and

• (b) if the agreement relates to a residential unit to be built or completed at a later date and the residential unit is not finished to the point of practical completion within 6 months after the proposed date for completion of the unit, by notice given at any time after the expiry of that 6-month period.

(2) Notice of cancellation—

• (a) must be in writing and in a form that indicates (irrespective of the exact words used) the intention of the resident to cancel the agreement; and

• (b) may be given by the resident or any person authorised in writing by the resident to act on his or her behalf.

(3) The notice may be given to—

• (a) the operator; or

• (b) the real estate agent or other person who dealt with the resident on behalf of the operator when the resident acquired an occupation right, unless the operator has notified the resident that the person has ceased to act on behalf of the operator; or

• (c) any person who the operator has notified the resident is a person authorised to receive communications on behalf of the operator.

(4) The operator is entitled to reasonable compensation for services provided to the resident under the occupation right agreement and for damage to a residential unit or any facilities in the retirement village for which the resident is responsible before the cancellation takes effect.

(5) Despite subsection (1), an occupation right agreement may contain a cancellation provision of the kind referred to in subsection (1) that is more favourable to the resident than the provision referred to in subsection (1), but, if the agreement fails to contain any provision of the kind referred to in subsection (1) or contains a provision that is less favourable to the resident than that provision, the agreement is deemed to contain the provision referred to in subsection (1).

(1) Every deposit, progress payment, and other payment made by a resident as payment for an occupation right or future occupation right in a retirement village must be held for the benefit of the resident in an interest-bearing account until settlement of the transaction or cancellation of the occupation right agreement under section 28 by either—

• (a) the statutory supervisor of the retirement village (if there is one); or

• (b) if there is no statutory supervisor, by a lawyer nominated by both the resident and the operator in a document that is separate from the occupation right agreement.

(2) If an occupation right agreement is cancelled under section 28 the resident is entitled, on request, to a refund, with interest and without deduction other than tax, of the deposit and all progress payments within 10 working days after the request.

(3) If, at the expiry of the period allowed under section 28 for the cancellation of an occupation right agreement, notice of cancellation has not been given, any interest accrued on a deposit, progress payment, or other payment to which subsection (1) applies must be paid to the operator.

(1) Before any occupation right agreement can be entered into, the intending resident must receive—

• (a) a disclosure statement that complies with Schedule 2; and

• (b) the residents' code of rights; and

• (c) the code of practice (if any), and, if the code is not yet in force, a statement in writing that the code is not yet in force and the date on which it comes into force; and

• (d) a copy of the occupation right agreement.

(2) In any proceedings that involve an issue as to whether an intending resident has received the information specified in subsection (1),—

• (a) it is for the operator to prove that the intending resident received the information or advice; but

• (b) a written acknowledgement by the intending resident that he or she has received the information is, in the absence of evidence to the contrary, sufficient proof that the resident has received the information or advice.

(1) If an occupation right agreement is entered in contravention of section 18(3) or section 25(1) or section 27 or section 30(1) in any substantial respect, the agreement is, unless it has been terminated, voidable by the resident by notice in writing to the operator and to the statutory supervisor of the village (if there is one) given at any time within the prescribed period).

(2) If a resident exercises the right conferred by subsection (1), the resident is entitled to receive—

• (a) a refund, without deduction, of—

  • (i) all capital sums paid before or during the resident's occupancy as consideration for right of occupation in the residential unit and all other payments for which services or facilities were not provided:

  • (ii) [Repealed]

  • (iii) [Repealed]

• (b) interest at the prescribed rate:

• (c) actual and reasonable costs associated with the voiding of the agreement (for example, legal expenses, and removal costs).

(3) Despite subsections (1) and (2),—

• (a) if the resident and the operator cannot agree when the refund required by subsection (2) is to be made, either party may give a dispute notice under section 53 or section 54, as the case requires:

• (b) if an operator receives from a resident a notice purporting to avoid an occupation right agreement for a contravention of section 18(3) or section 25(1) or section 27 or section 30(1) that the operator considers not to involve a contravention of any of those provisions in any substantial respect, the operator—

  • (i) may give a dispute notice under section 54 concerning the operation of subsections (1) and (2); and

  • (ii) must take all reasonable steps to remedy the contravention; and

  • (iii) if a dispute notice is given by the operator, is not required to make the refund referred to in subsection (2) while the dispute is unresolved.

(4) In subsection (1), the prescribed period,—

• (a) in relation to a contravention of section 18(3) or section 25(1) is the lesser of—

  • (i) a period of 3 years after the date on which the agreement was entered into; or

  • (ii) a period of 6 months after the resident knows, or ought to know, of the contravention:

• (b) in relation to a contravention of section 27 or section 30(1) is the lesser of—

  • (i) a period of 1 year after the date on which the agreement was entered into; or

  • (ii) a period of 6 months after the resident knows, or ought to know, of the contravention.

(5) For the purposes of this section, a contravention of a particular provision is a contravention of that provision in a substantial respect if—

• (a) the contravention involves a significant detriment to the resident; or

• (b) the contravention is otherwise material, and is not solely technical or minor in character; or

• (c) the contravention involves deliberate misconduct on the part of the operator.

(1) The code of residents' rights set out in Schedule 4 is a summary of the minimum rights conferred on a resident of a retirement village by this Act.

(2) Nothing in the code of residents' rights applies to any health services or disability services or any facilities to which the Code of Health and Disability Services Consumers' Rights under the Health and Disability Commissioner Act 1994 applies.

(1) The operator must ensure that a copy of the code of residents' rights is—

• (a) given to each intending resident before the person enters into an occupation right agreement; and

• (b) given to a resident (or his or her nominated representative) on request.

(2) A resident is entitled to bring any alleged breach of a right referred to in the code of residents' rights to the attention of 1 or more of the following:

• (a) the operator of the retirement village:

• (b) the statutory supervisor of the retirement village (if there is one):

• (c) the Registrar:

• (d) the Retirement Commissioner:

• (e) a disputes panel, in the manner provided in Part 4.

(3) Subsection (2) does not limit the ability of a resident to bring any alleged breach of a right referred to in the code of residents' rights to the attention of any other person.

(1) Each resident or intending resident of a retirement village has the right to be promptly informed by the operator of the retirement village about any matter that would or might have a material impact on—

• (a) the occupancy right, or rights to quiet enjoyment, of the resident or intending resident; or

• (b) the charges levied on the resident or intending resident for his or her occupancy right, or right to services and facilities, within the retirement village.

(2) The operator of a retirement village must,—

• (a) if the village has a statutory supervisor, promptly notify the statutory supervisor and, if the statutory supervisor so directs, each resident and intending resident of the retirement village of the matters referred to in subsection (3); or

• (b) if the village does not have a statutory supervisor, promptly notify each resident and intending resident of the retirement village of the matters referred to in subsection (3).

(3) The matters required to be notified under subsection (2) are—

• (a) any proposal by the operator to develop or redevelop any part of the land on which the retirement village is situated or to acquire any contiguous land for development:

• (b) the receipt by the operator of a notice from the Registrar of suspension of the registration of the retirement village:

• (c) any request by the operator to the Registrar for cancellation of the registration of the retirement village:

• (d) any decision by the Registrar, under section 41, to exempt the operator from the requirement to appoint a statutory supervisor:

• (e) the appointment of a new statutory supervisor:

• (f) any decision by the Registrar, under section 93, to exempt the operator from the requirement to comply with a provision in the code of practice:

• (g) any proposed increase in secured liabilities held by any person over any part of the retirement village:

• (h) any proposed increase in the maximum sum available to the operator of a retirement village under any credit facility:

• (i) any actual or threatened action by a creditor, mortgagee, or chargeholder in respect of the retirement village against the operator of the retirement village in respect of that person's security or any sum over $1,000:

• (j) any decision by an insurer to refuse to insure the retirement village or any part of it:

• (k) any actual or threatened legal proceedings against the retirement village or an operator of the retirement village that affect the interests of any resident or intending resident:

• (l) any action by a creditor to put the operator or the retirement village in receivership or liquidation.

(4) This section does not limit section 32 or Schedule 4.

The operators of a retirement village must ensure that, at the commencement of the resident's occupation right, there is no legal impediment to the occupation of the residential unit for residential purposes.

(1) The functions of the Retirement Commissioner in relation to this Act are as follows:

• (a) to monitor the effects of this Act and the regulations and code of practice made under this Act:

• (b) to advise on issues relating to retirement villages when requested to do so by the Minister or required by this Act:

• (c) to promote education about retirement village issues and to publish information about such issues:

• (d) to collect and publish information relating to any of the functions referred to in this section:

• (e) to perform any other function conferred by this Act or regulations made under this Act.

(2) [Repealed]

(3) Every operator of a retirement village must answer any questions and supply any information relating to the retirement village reasonably requested by the Retirement Commissioner for the performance of the Retirement Commissioner's functions.

(4) The operator must supply the information within 20 working days of receiving the request or within any further period that the Retirement Commissioner allows.

(1) Subject to subsection (2), a person must not be appointed a statutory supervisor unless first approved by the Registrar for that purpose.

(2) Every person who was, immediately before the commencement of this section, approved under section 48 of the Securities Act 1978 to act as the statutory supervisor of retirement village schemes is, subject to subsection (4), approved as a statutory supervisor for the purposes of this Act.

(3) The Registrar may approve a person as a statutory supervisor for—

• (a) a specific retirement village; or

• (b) all retirement villages; or

• (c) retirement villages of a class defined by the Registrar.

(4) The Registrar may revoke or amend the approval of a person under this section.

(1) The operator of a retirement village must appoint a statutory supervisor for the village, unless the operator has obtained an exemption under section 41.

(2) The statutory supervisor must be appointed under a deed of supervision between the operator and the statutory supervisor, on the terms and conditions set out in that document.

(3) A deed of supervision must contain all information and other matters or provisions that are required to be included in it by regulations made under this Act.

(4) Subject to section 37(3), the same person may be a statutory supervisor for more than 1 retirement village, whether or not owned by the same operator.

(1) The Registrar must consent in writing before the operator or the statutory supervisor—

• (a) terminates the appointment of the statutory supervisor; or

• (b) elects not to renew the appointment.

(2) In the case of termination or election not to renew by the statutory supervisor, the Registrar's consent is not necessary if the statutory supervisor has given the operator 1 year's notice.

(1) The operator must not indemnify the statutory supervisor for, or exempt the statutory supervisor from, any liability for breach of duty, breach of trust or other fiduciary obligation, that involves gross negligence, bad faith, or wilful misconduct by the statutory supervisor.

(2) An indemnity or agreement contrary to subsection (1) is void.

(1) The Registrar may exempt an operator from appointing a statutory supervisor if the Registrar is satisfied that the criteria for exemption prescribed under section 104 are met.

(2) An operator applies to the Registrar for an exemption by—

• (a) completing the prescribed form and delivering it to the Registrar; and

• (b) paying the prescribed fee.

(3) The Registrar may exempt the operator on the terms and conditions, and for the period, that the Registrar thinks appropriate.

(4) The Registrar may revoke an exemption, or vary its terms or conditions, if the Registrar is satisfied that—

• (a) the ground for the exemption no longer applies; or

• (b) the operator has not complied with its terms and conditions.

(5) The Registrar must give notice of the revocation or variation of an exemption as soon as possible to the operator.

A statutory supervisor must—

• (a) provide a stakeholder facility (for example, under section 29(1)) for intending residents and residents who pay deposits or progress payments in respect of occupation right agreements or uncompleted residential units or facilities at the retirement village; and

• (b) monitor the financial position of the retirement village; and

• (c) report annually to the Registrar and residents on the performance of its duties and the exercise of its powers; and

• (d) perform any other duties that are imposed by this Act or any other Act, any regulations made under this Act, and any documents of appointment.

(1) If a statutory supervisor believes the financial position of the retirement village, the security of the interests of the residents, or the management of the retirement village is inadequate, the statutory supervisor may—

• (a) direct the operator to supply all residents (or their nominated representatives) with the information that the statutory supervisor may specify; or

• (b) direct the operator to operate the retirement village in a specified manner; or

• (c) apply to the court under section 49 of the Securities Act 1978 which applies with all necessary modifications.

(2) The statutory supervisor may direct that an advertisement that the statutory supervisor considers is inconsistent with this Act or regulations made under this Act, or the disclosure statement, occupation right agreement, or code of practice, not be published or distributed to the public.

The Registrar may authorise a statutory supervisor to make a public statement concerning the financial position, security of the interests of residents, or management of the retirement village if the Registrar and the statutory supervisor believe it is in the interests of residents or potential or intending residents to do so.

A statutory supervisor is not liable for any loss suffered by any resident or other person as a result of any action taken under section 43 or section 44 unless the statutory supervisor has acted in bad faith or recklessly.

(1) The statutory supervisor may require the operator to provide information relating to the financial position, security of the interests of residents, or management of the retirement village to the statutory supervisor.

(2) The operator must provide the information within 10 working days of receiving the request.

(1) The auditor of a retirement village must comply, at the operator's expense, with any reasonable request by the statutory supervisor, the Registrar, or the Retirement Commissioner that the auditor answer questions or provide other information in relation to the retirement village.

(2) The auditor must comply within 20 working days after receiving the request or within the further period that the person making the request allows.

In this Part,—

Any right conferred by this Part on a resident may be exercised by his or her personal representative.

In any retirement village there are 2 forms of dispute procedure: a complaints facility and dispute resolution.

The operator must operate and make known to the residents of a retirement village a facility for dealing with complaints by the residents.

(1) A resident or the operator may require that a dispute be resolved by a disputes panel by giving the other party or parties a dispute notice.

(2) A resident may not require resolution of a dispute (other than a dispute referred to in section 53(3)) by a disputes panel unless—

• (a) the dispute has earlier been referred to the complaints facility; and

• (b) 20 working days have elapsed since referral to the complaints facility.

(3) An operator may not require resolution of a dispute by a disputes panel unless—

• (a) the operator has notified the resident concerned of the dispute; and

• (b) the operator has made reasonable efforts to resolve the dispute with the resident; and

• (c) 20 working days have elapsed since the resident was notified.

(1) A resident may give a dispute notice for the resolution of a dispute concerning any of the operator's decisions—

• (a) affecting the resident's occupation right or right to access services or facilities; or

• (b) relating to changes to charges for outgoings or access to services or facilities imposed or payable under the resident's occupation right agreement; or

• (c) relating to the charges or deductions imposed as a result of the resident's occupation right coming to an end for any reason or relating to money due to the resident under the resident's occupation right agreement following termination or avoidance under section 31 of the resident's occupation right agreement; or

• (d) relating to an alleged breach of a right referred to in the code of residents' rights or of the code of practice.

(2) Nothing in subsection (1) enables a resident to give a dispute notice concerning any health services or disability services, or any facilities to which the Code of Health and Disability Services Consumers' Rights under the Health and Disability Commissioner Act 1994 applies.

(3) A resident may give a dispute notice for resolution of a dispute concerning the operator's breach of the resident's occupation right agreement or code of practice in disposing of a residential unit in a retirement village formerly occupied by the resident.

(4) A resident may give a dispute notice for the resolution of a dispute affecting the resident's occupation right between the resident and any other person who is—

• (a) another resident of the retirement village; or

• (b) in another resident's residential unit with that other resident's permission.

(1) An operator may give a dispute notice concerning any of the matters referred to in section 53(1)(a) to (c).

(2) An operator may give a dispute notice concerning the operation of section 31(1) and (2) on the grounds of alleged contravention of section 18(3) or section 25(1) or section 27 or section 30(1).

(1) The operator must forward to the statutory supervisor (if there is one) a copy of a dispute notice as soon as practicable after the dispute notice has been given if—

• (a) the operator considers that the outcome of the dispute may affect—

  • (i) a significant number of the retirement village's residents; or

  • (ii) the general operation of the village; or

  • (iii) the operator's rights and obligations under the deed of supervision; or

• (b) the dispute notice has been given under section 53(3).

(2) The operator must, immediately after forwarding a dispute notice to the statutory supervisor, advise the parties to the dispute that the statutory supervisor has been notified of the dispute.

(3) This section does not limit the right of a resident to inform the statutory supervisor of, or otherwise involve the statutory supervisor in, a dispute to which the resident is a party and for which a dispute notice may be given.

(1) A dispute notice must—

• (a) be written; and

• (b) identify the decision or decisions, or matters, in respect of which it is made; and

• (c) identify the person or persons in respect of whom it is made, if not the operator; and

• (d) state the grounds on which it is made; and

• (e) state the efforts that have been made to resolve the dispute.

(2) A dispute notice is valid if it substantially complies with subsection (1).

(1) A dispute notice must be given within 6 months after the dispute was first referred to the complaints facility or, in the case of a dispute notice given by an operator, the resident concerned was first notified.

(2) However, a dispute notice may be given after 6 months if the parties to the dispute agree.

(3) A resident must not give a dispute notice for a dispute under section 53(3) before 9 months after the residential unit has become available to the operator for disposal in accordance with the resident's occupation right agreement or the code of practice.

(4) This section does not affect, and is not affected by, the responsibilities of an operator under the provisions of the code of practice relating to the disposal of vacant residential units.

(1) The Retirement Commissioner must maintain and publish a list of persons whom the Commissioner has approved for appointment as a member of a disputes panel.

(2) The Retirement Commissioner's approval may be—

• (a) general, for appointment to any disputes panel; or

• (b) specific, for appointment to a particular disputes panel; or

• (c) on the terms and conditions that the Commissioner thinks appropriate.

(3) The Retirement Commissioner's approval may be for a limited period, but in any event not longer than 5 years.

(4) The Retirement Commissioner must remove the name of a person from the list if that person,—

• (a) in the Commissioner's opinion, is unable to perform the duties of a member of a disputes panel; or

• (b) has died; or

• (c) had been adjudicated bankrupt; or

• (d) has requested the removal of his or her name; or

• (e) has been on the list for more than 5 years; or

• (f) for any other sufficient reason should not, in the Commissioner's opinion, be appointed to a disputes panel.

(5) The Retirement Commissioner may restore a person to the list whose name has been removed under subsection (4) if the Commissioner again approves that person for appointment as a member of a disputes panel.

(1) The operator must appoint a disputes panel to resolve a dispute for which a dispute notice has been given.

(2) The operator must appoint the panel within 20 working days after—

• (a) the operator has received the dispute notice, in the case of a notice given by a resident; or

• (b) the operator has given a resident the dispute notice, in the case of a notice given by the operator.

(1) The operator must appoint 1 or more independent persons to form the disputes panel.

(2) The operator must consult the other parties to the dispute before making an appointment.

(3) A person must not be appointed a member of a disputes panel unless that person's name appears on the Retirement Commissioner's list under section 58(1).

(4) In the case of a dispute referred to in section 53(3),—

• (a) the operator must appoint at least 3 members to the panel; and

• (b) one of the members must be a retired Judge or have held a practising certificate as a barrister or solicitor for at least 7 years; and

• (c) the person referred to in paragraph (b) must chair the panel.

(1) A person asked by an operator to become a member of a disputes panel to resolve a dispute must disclose to the operator—

• (a) every interest that the person has in the operator, other than the interest the person has in the operator because the operator is responsible for engaging and paying the person to resolve the dispute; and

• (b) any association between that person and any resident who is involved in the dispute.

(2) A member of a disputes panel to which an operator proposes to allocate a dispute for resolution must disclose to the operator any previous involvement that the member has had in the dispute other than as a member of the disputes panel.

(1) An operator must not appoint as a member of a disputes panel—

• (a) a person employed or engaged, or who was formerly employed or engaged, by the operator in any other capacity; or

• (b) a person who discloses to the operator any interest in the operator other than the interest the person has in the operator because the operator is responsible for engaging and paying the person to resolve the dispute; or

• (c) if the operator is a religious or charitable organisation, a person who is or has been an office holder in that organisation.

(2) An operator must appoint the members of a disputes panel on contracts for services.

(3) An operator must not include in a member of a disputes panel's contract any term or condition that could have the effect, directly or indirectly, of influencing the disputes panel or that member, when conducting a dispute resolution, in favour of—

• (a) the operator; or

• (b) any particular resident or other person involved in the dispute.

(4) An operator must not appoint a disputes panel to resolve a dispute that contains as a member any person who discloses to the operator any previous involvement in the dispute other than as a member of the disputes panel.

(1) For the purposes of sections 61 and 62, a person has a previous involvement in a dispute between a resident and another resident or person living with another resident if the person is related, or is or was formerly living with or in a relationship with, either the applicant or the respondent.

(2) Subsection (1) does not limit the meaning of previous involvement.

The disputes panel may conduct the dispute resolution in any manner it thinks fit, but it must comply with any other relevant provision of this Act and any regulations made under this Act.

(1) In the course of conducting a dispute resolution, the disputes panel must hold a hearing unless—

• (a) the applicant withdraws the dispute resolution notice; or

• (b) the applicant and respondent agree not to have a hearing; or

• (c) the panel refuses to hear the dispute.

(2) The parties to the dispute are entitled to be present and heard at the hearing.

(3) The disputes panel must hold the hearing at a time and place that is—

• (a) agreed to by the applicant, the respondent, and the disputes panel; or

• (b) decided on by the disputes panel, if those persons do not agree.

(4) The disputes panel must take all practicable steps to ensure that notice of the time and place of the hearing is given—

• (a) to every person entitled to be present and heard at the hearing; and

• (b) at least 7 days before the date of the hearing.

(1) A disputes panel may refuse to hear, or continue to hear, a dispute if the panel considers, after consulting with the parties,—

• (a) that the dispute is frivolous or vexatious or an abuse of process; or

• (b) that the dispute should be heard by a court of law; or

• (c) that the panel should not hear it for any other sufficient reason.

(2) When the panel consults the parties on a proposal to exercise any of its powers under subsection (1), the panel must advise the parties of the effect and implications of the proposal.

(3) If the panel refuses to hear, or to continue to hear, a dispute under subsection (1)(b), the panel must refer the dispute to the nearest District Court for hearing.

(4) A District Court to which a dispute is referred under subsection (3)—

• (a) must hear and determine the dispute as if it were a disputes panel, and has all the powers and duties of a disputes panel under this Act:

• (b) in respect of any matter not otherwise provided for, may hear and determine the dispute in accordance with the District Courts Act 1948 and the District Courts Rules 1992.

(5) The panel at its discretion may award costs for the hearing to the point that the panel refuses to continue to hear the dispute, and must take into account the conduct of the parties.

(6) If the panel refuses to hear, or continue to hear, a dispute under subsection (1)(c), the operator must appoint another panel to hear the dispute.

(7) Any person against whom costs are awarded under this section must pay them within 28 days of the decision to award them.

(1) The disputes panel may admit any relevant evidence at the hearing from any person, whether or not the evidence would be admissible in a court and whether or not the person is present at the hearing.

(2) The disputes panel may decline to receive any evidence from any person who is not present but, before doing so, must give the relevant party a reasonable opportunity to arrange to have the person attend the hearing or an adjourned hearing.

(3) The disputes panel may make a decision even though a person entitled to be present and heard at the hearing did not attend it unless, before the disputes panel makes the decision,—

• (a) the person gives the disputes panel a reasonable excuse for the person's non-attendance; and

• (b) the disputes panel considers that a decision should not be made until the person has been heard.

(4) The disputes panel may allow 1 or more parties to be represented, whether by counsel or otherwise, and to question the other party as it considers appropriate, having regard to—

• (a) the nature of the dispute; and

• (b) the amounts or matters involved; and

• (c) the implications for the party of an adverse finding; and

• (d) the ability of the party to address issues personally.

The matters that a disputes panel must take into account in deciding a dispute referred to in section 53(3) include—

• (a) the relevant real estate market; and

• (b) the age and condition of the retirement village; and

• (c) the effect of the panel's decision on other residents of the retirement village and on the financial stability of the village.

(1) A disputes panel may—

• (a) amend an occupation right agreement so that it complies with any applicable code of practice or section 27(1); or

• (b) order any party to comply with its obligations under an occupation right agreement or the code of practice, or to give effect to a right referred to in the code of residents' rights; or

• (c) in the case of a dispute with the operator concerning the liability for, or payment of, any monetary amount, order the operator or, as the case may be, the resident to pay or refund all or part of the amount in dispute; or

• (d) in the case of a dispute where the operator is not a party to the dispute,—

  • (i) order a party to return to the other party specific property not exceeding $1,000 in value; or

  • (ii) order a party to pay the other party an amount by way of compensation not exceeding $1,000; or

• (e) not impose any other obligation other than in relation to the payment of costs on any party.

(2) For the avoidance of doubt, a disputes panel may amend an occupation right agreement to comply with a provision of the code of practice from which the operator of the retirement village is exempted from complying, but the disputes panel must make the amendment subject to that exemption while it is in force.

(1) In a dispute referred to in section 53(3), a disputes panel may make 1 or more of the following orders:

• (a) an order that the operator must market the residential unit concerned in a particular way, or at a particular price:

• (b) an order that the operator must pay the resident a sum in compensation:

• (c) an order that the operator must pay the resident interest not exceeding the rate of interest prescribed under section 87 of the Judicature Act 1908:

• (d) an order that the operator,—

  • (i) if the resident has a legal or equitable estate or interest in the residential unit, must buy the resident's estate or interest at a price and within the time fixed by the panel; or

  • (ii) in any other case, must pay the resident a sum fixed by the panel within a time fixed by the panel as if the operator had disposed of the residential unit.

(2) The panel must not make an order under subsection (1)(d) unless it has considered the alternative orders it could make and is satisfied that none is appropriate.

(3) The powers in subsection (1) are additional to the panel's powers under section 69.

(4) The panel may, in relation to an order under subsection (1),—

• (a) suspend the operation of the order until a specified date:

• (b) adjourn the hearing to a specified date to review an order or orders that it has made.

(1) The disputes panel must record in writing its findings on material issues of fact and the reasons for its decision resolving a dispute.

(2) The panel must give each party, and the operator (if the operator is not a party to the dispute), a copy of the record of the decision signed by the presiding member of the panel.

(3) The operator must keep the record for at least 5 years and make it available to the statutory supervisor and the Retirement Commissioner on request.

(1) A dispute resolution decision in relation to a dispute with an operator is binding on the applicant and the respondent.

(2) A dispute resolution decision in relation to a dispute with another resident or person living with another resident is binding on the applicant and the respondent.

(3) Subsections (1) and (2) do not prevent any action by way of judicial review.

(4) An order made by a disputes panel—

• (a) has effect and is enforceable as if it were an order of—

  • (i) the District Court if a District Court had jurisdiction to hear the dispute as a court of first instance; or

  • (ii) the High Court in any other case:

• (b) if it is an order to pay money, creates a judgment debt.

Except in the case of a single member disputes panel, the death, resignation, or unavailability of a member of a disputes panel does not prevent the remaining member or members of the panel from making a decision resolving a dispute.

(1) The operator that appoints a disputes panel is responsible for meeting all the costs incurred by the disputes panel in conducting a dispute resolution, whether or not the operator is a party to the dispute.

(2) Whether or not there is a hearing, the disputes panel may—

• (a) award the applicant costs and expenses if the disputes panel makes a dispute resolution decision fully or substantially in favour of the applicant:

• (b) award the applicant costs and expenses if the disputes panel does not make a dispute resolution decision in favour of the applicant but considers that the applicant acted reasonably in applying for the dispute resolution:

• (c) award any other person costs and expenses if the disputes panel makes a dispute resolution decision fully or substantially in favour of that person:

• (d) in a dispute where the operator is not a party to the dispute, award to the operator, by way of refund, all or part of the costs incurred by the disputes panel in conducting a dispute resolution.

(3) The disputes panel must make a decision whether to award costs and expenses under this section and the amount of any award—

• (a) after having regard to the reasonableness of the costs and expenses and the amount of any award incurred by the applicant or other person in the circumstances of the particular case; and

• (b) after taking into account the amount or value of the matters in dispute, the relative importance of the matters in dispute to the respective parties, and the conduct of the parties; and

• (c) in accordance with, and subject to any limitations prescribed in, any regulations made under this Act for the purpose.

(4) Any person against whom costs and expenses are awarded under this section must pay them within 28 days of the decision to award them.

(1) Any party to a dispute resolution may appeal against the decision of the disputes panel or District Court resolving the dispute.

(2) The appeal is to—

• (a) the nearest District Court if a District Court had jurisdiction to hear the dispute as a court of first instance; or

• (b) in the case of a dispute referred to a District Court under section 66(3), the High Court; or

• (c) the High Court in any other case.

(3) The appeal must be heard by the court in accordance with the directions made by the court after the appeal has been filed.

(4) The court must hear the appeal by rehearing the dispute.

(5) The appeal must be filed in the appropriate court within 20 working days after the disputes panel has made the decision.

(6) The decision of the court hearing the appeal is final, and there is no further appeal.

In accordance with sections 79 to 86, the High Court must hear and determine the following matters:

• (a) appeals from criminal proceedings in a District Court for offences against section 79:

• (b) applications for injunctions under section 80:

• (c) applications for orders under sections 81 and 82.

In accordance with sections 79 to 86, the District Court must hear and determine the following matters:

• (a) proceedings for offences against section 79:

• (b) applications for orders under sections 81 and 82.

In accordance with sections 76 to 83, a Disputes Tribunal established under section 4 of the Disputes Tribunals Act 1988 has jurisdiction to hear and determine applications for orders under section 82(3)(c) to (e).

(1) Every person commits an offence who, without reasonable excuse, contravenes any of sections 12, 18(3), 22(1), 25(1), 32, 33(1), 35, 38(1), 39, or 97(3), or includes any material that is false or misleading in an application for an exemption under section 41 or section 93, and is liable on summary conviction,—

• (a) in the case of a person other than a body corporate, to a fine not exceeding $30,000; or

• (b) in the case of a body corporate, to a fine not exceeding $100,000.

(2) Every person commits an offence who, without reasonable excuse, contravenes any of sections 17, 19(3), 26(1), 27(1), 28(1), 29, 30(1), 34(2), 59(2), 92(2), or 98(5) and is liable on summary conviction,—

• (a) in the case of a person other than a body corporate, to a fine not exceeding $15,000; or

• (b) in the case of a body corporate, to a fine not exceeding $50,000.

(3) Every person commits an offence who, without reasonable excuse, contravenes any of sections 13, 16, 26, 70(2), 92(2), 95(2), 96(4), or 98(2) and (3) and is liable on summary conviction,—

• (a) in the case of a person other than a body corporate, to a fine not exceeding $5,000; or

• (b) in the case of a body corporate, to a fine not exceeding $10,000.

(4) Every auditor of a retirement village commits an offence who fails to comply with any reasonable request made under section 47 by the statutory supervisor, the Registrar, or the Retirement Commissioner and is liable on summary conviction to a fine not exceeding $10,000.

(5) Every operator of a retirement village commits an offence who fails to comply with any reasonable request made under section 46 and is liable on summary conviction to a fine not exceeding $10,000.

(6) Every person commits an offence who, without reasonable excuse, contravenes any other provision of this Act and is liable on summary conviction to a fine not exceeding $5,000.

(7) Proceedings under this section may be commenced at any time within 3 years after the matter giving rise to the contravention arose.

(1) The court may, on the application of the Registrar, a statutory supervisor of a retirement village, or any other person, grant an injunction restraining a person from engaging in conduct that constitutes or would constitute any of the following:

• (a) a contravention of any of sections 25 to 33:

• (b) an attempt to contravene any of those provisions:

• (c) aiding, abetting, counselling, or procuring any other person to contravene any of those provisions:

• (d) inducing, or attempting to induce, any other person, whether by threats, promises or otherwise, to contravene any of those provisions:

• (e) being in any way directly or indirectly knowingly concerned in, or party to, the contravention by any other person of any of those provisions:

• (f) conspiring with any other person to contravene any of those provisions.

(2) The court may, at any time, rescind or vary an injunction granted under this section.

(3) If an application is made to the court under this section for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the court may,—

• (a) if it is satisfied that the person has engaged in conduct of that kind, grant an injunction restraining the person from engaging in conduct of that kind; or

• (b) if, in the opinion of the court, it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind.

(4) An injunction referred to in subsection (3) may be granted whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind.

(5) If an application is made to the court under this section for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the court may,—

• (a) if it appears to the court that, in the event that an injunction is not granted, it is likely that the person will engage in conduct of that kind, grant an injunction restraining the person from engaging in conduct of that kind; or

• (b) if, in the opinion of the court, it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind.

(6) To avoid doubt, an injunction referred to in subsection (5) may be granted—

• (a) whether or not the person has previously engaged in conduct of that kind; and

• (b) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.

(1) If, on the application of the Registrar, a statutory supervisor of a retirement village, or any other person, the court is satisfied that a person has engaged in conduct constituting a contravention of sections 18(3), 25, or 26, the court may (whether or not that person has previously engaged in that conduct) make either or both of the following orders:

• (a) an order requiring that person, or any other person involved in the contravention, to disclose, at that person's own expense, to the public, or to a particular person or to persons included in a particular class of persons, in any manner specified in the order, any applicable information or applicable information of any kind that is specified:

• (b) an order requiring that person, or any other person involved in the contravention, to publish, at that person's own expense, in any manner and at any times that are specified in the order, corrective statements the terms of which are specified in, or are to be determined in accordance with, the order.

(2) In subsection (1), applicable information is information that is in the possession of the person to whom the order is directed or to which that person has access.

(1) The court may make all or any of the orders referred to in subsection (3) if, in any proceedings under sections 79 to 86 or on the application of a resident, or the statutory supervisor of a retirement village, or the Registrar, the court finds that a person, whether or not that person is a party to the proceedings, has suffered, or is likely to suffer, loss or damage due to the conduct of any other person that constitutes or would constitute—

• (a) a contravention of any of sections 25 to 33; or

• (b) aiding, abetting, counselling, or procuring the contravention of any of those provisions; or

• (c) inducing by threats, promises, or otherwise the contravention of any of those provisions; or

• (d) being in any way directly or indirectly knowingly concerned in, or party to, the contravention of any of those provisions; or

• (e) conspiring with any other person in the contravention of any of those provisions.

(2) The court may make all or any of the orders referred to in subsection (3), whether or not it grants an injunction or makes any other order under this Part.

(3) For the purposes of subsection (1), the court may make the following orders:

• (a) an order declaring the whole or any part of an occupation right agreement made between the person who suffered, or is likely to suffer, the loss or damage and the person who engaged in the conduct referred to in subsection (1), or of a collateral arrangement relating to that occupation right agreement, to be void and, if the court thinks fit,—

  • (i) to have been void from the beginning; or

  • (ii) at all times on and after any date, before the date on which the order is made, that is specified in the order:

• (b) an order varying that occupation right agreement or arrangement in any manner that is specified in the order and, if the court thinks fit, declaring the agreement or arrangement to have had effect as so varied on and after any date, before the date on which the order is made, that is specified in the order:

• (c) an order directing the person who engaged in the conduct referred to in subsection (1) to refund money or return property to the person who suffered the loss or damage:

• (d) an order directing the person who engaged in the conduct referred to in subsection (1) to pay to the person who suffered the loss or damage the amount of the loss or damage:

• (e) an order directing the person who engaged in the conduct referred to in subsection (1), at that person's own expense, to supply specified services to the person who suffered, or is likely to suffer, the loss or damage.

(1) In the exercise of its jurisdiction under section 82, a District Court must not—

• (a) make any order under section 82(3) in any case where the value of the consideration for the promise or act of any party to the occupation right agreement or collateral arrangement exceeds $200,000:

• (b) make an order under section 82(3)(b) in any case where the value of the consideration for the promise or act of any party to the occupation right agreement or arrangement exceeds $200,000:

• (c) make an order under section 82(3)(c) directing a person to refund money or return property if the amount of money or the value of the property exceeds $200,000:

• (d) make an order under section 82(3)(d) requiring a person to pay an amount exceeding $200,000:

• (e) make an order under section 82(3)(e) directing a person to supply services if the value of the services exceeds $200,000.

(2) In the exercise of its jurisdiction under section 82, a Disputes Tribunal must not—

• (a) make an order under section 82(3)(c) directing a person to refund money or return property if the amount of money or the value of the property exceeds $15,000:

• (b) make an order under section 82(3)(d) requiring a person to pay an amount exceeding $15,000:

• (c) make an order under section 82(3)(e) directing a person to supply services if the value of the services exceeds $15,000.

(3) Despite subsection (2), if, in respect of any proceedings properly before a Disputes Tribunal, the jurisdiction of the Tribunal has been extended under an agreement made under section 13 of the Disputes Tribunals Act 1988, subsection (2) must be read as if every reference in that subsection to $15,000 were a reference to $20,000.

(1) An application under section 82(1) may be made at any time within 3 years after the date on which the loss or damage, or the likelihood of loss or damage, was discovered or ought reasonably to have been discovered.

(2) An order made under section 82(3)(a) or (b) does not prevent proceedings being instituted or commenced under sections 79 to 86.

(3) Nothing in section 82 or section 83 limits or affects the Illegal Contracts Act 1970.

(4) For the purposes of sections 81 and 82, a reference to court includes a reference to a District Court and also, for the purposes of section 82, a Disputes Tribunal.

(5) Nothing in section 82 or section 83 affects section 317 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

(1) It is a defence to a prosecution for an offence against section 79 if the defendant proves—

• (a) that the contravention was due to a reasonable mistake; or

• (b) that the contravention was due to reasonable reliance on information or legal advice supplied by another person; or

• (c) that—

  • (i) the contravention was due to the act or default of another person, or to an accident or to another cause beyond the defendant's control; and

  • (ii) the defendant took reasonable precautions and exercised due diligence to avoid the contravention.

(2) For the purposes of subsection (1)(b) and (c), another person does not include—

• (a) a servant or agent of the defendant (other than a lawyer); or

• (b) if the defendant is a body corporate, a director, servant, or agent of the defendant (other than a lawyer).

(3) It is a defence to a prosecution for an offence against section 79 or to any other proceedings under sections 80 to 86, in relation to a contravention of a provision committed by the publication of an advertisement, if the defendant proves—

• (a) that the defendant's business is publishing or arranging for the publication of advertisements; and

• (b) that the defendant received the advertisement or the information contained in the advertisement, as the case may be, in the ordinary course of that business and did not know and had no reason to suspect that the publication of the advertisement or the publication of the advertisement containing that information, as the case may be, would constitute a contravention of the provision.

In any application for an order against a person under section 82, a finding of any fact made in proceedings for an injunction under section 80 or for an order under section 81 or for an offence under section 79 (being proceedings before the High Court or a District Court in which that person was found to have engaged in conduct of the kind referred to in section 82(1)(a) to (e)) is—

• (a) prima facie evidence of that fact; and

• (b) may be proved by production of a document under the seal of the High Court or District Court, as the case may be, in which the finding was made.

(1) There must be a Registrar of Retirement Villages who must be appointed under the State Sector Act 1988 by the chief executive of the department that, with the authority of the Prime Minister, is for the time being responsible for the employment of that Registrar.

(2) The person holding office as Registrar of Companies under the Companies Act 1993 immediately before the commencement of this section is deemed to have been appointed as Registrar of Retirement Villages in accordance with this section.

(1) The Registrar may from time to time, in writing, delegate to any person all or any of the functions, duties, and powers exercisable by the Registrar under this Act, except this power of delegation.

(2) Subject to any general or special directions given or conditions attached at any time by the Registrar, the person to whom any functions, duties, or powers are delegated under this section must perform and may exercise those functions, duties, and powers in the same manner and with the same effect as if they had been conferred on that person directly by this section and not by delegation.

(3) Every person purporting to act under any delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

(4) Any delegation under this section may be made to a specified person or to persons of a specified class, or may be made to the holder or holders for the time being of a specified office or specified classes of offices.

(5) Every delegation under this section is revocable in writing at will, and no such delegation prevents the exercise of any function, duty, or power by the Registrar.

(6) Every delegation under this section, until revoked, continues in force according to its tenor, even if the Registrar by whom it was made has ceased to hold office.

(1) The Minister may approve one of the draft codes of practice submitted to the Minister by any retirement village, group of retirement villages, or association of operators of a retirement village as the code of practice applicable to all retirement villages, after considering any recommendations of the Retirement Commissioner made in accordance with subsection (2).

(2) Before making a recommendation to the Minister for the purposes of subsection (1), the Retirement Commissioner must consider any recommendations by any groups of persons or bodies that, in the opinion of the Retirement Commissioner, represent the interests of—

• (a) operators of retirement villages; or

• (b) residents or intending residents; or

• (c) statutory supervisors; or

• (d) other persons.

(3) The Minister is not obliged to approve a draft code of practice submitted under subsection (1) that the Minister considers is incomplete or inappropriate or that fails to comply with the requirements of subsection (5) or Schedule 5.

(4) If no draft code of practice acceptable to the Minister has been submitted under subsection (1) before 1 January 2005, the Minister must prepare, approve, and publish a code of practice after considering any recommendations of—

• (a) the Retirement Commissioner; and

• (b) any groups of persons or bodies that, in the opinion of the Minister, represent the interests of operators of retirement villages, residents or intending residents, statutory supervisors, or other persons.

(5) A draft code of practice submitted under subsection (1) or a code of practice prepared under subsection (4) must—

• (a) specify rules of practice in relation to every matter that the code is required by Schedule 5 to address:

• (b) be consistent with the rights referred to in the code of residents' rights.

(6) The Minister must publish in the Gazette notice of—

• (a) the approval of any code of practice approved by the Minister under subsection (1) or subsection (4) and any variation under section 90(4); and

• (b) the place or places at which copies of the code and any variation can be obtained.

(1) The code of practice—

• (a) comes into force,—

  • (i) in the case of the first code of practice, 1 year after it is approved under section 89(1) or (4):

  • (ii) in the case of any subsequent code of practice approved under section 89(1), on the date stated by the Minister in the document approving the code; and

• (b) continues in force until a subsequent code of practice approved under section 89(1) comes into force.

(2) An operator of a retirement village may elect to be bound by a code of practice that is not yet in force, by giving notice of that election to—

• (a) the Registrar; and

• (b) the statutory supervisor of the village (if there is one); and

• (c) every resident and intending resident of the retirement village.

(3) If an operator elects, under subsection (2), to be bound by a code of practice that is not yet in force,—

• (a) that code must for all purposes be treated as if it were in force in respect of that operator and the retirement village to which the election relates; and

• (b) any earlier code of practice ceases to apply to that operator and the retirement village to which the election relates.

(4) The code of practice approved under section 89(1) or (4) may be varied by the Minister after considering any recommendations of—

• (a) the Retirement Commissioner; and

• (b) any groups of persons or bodies that, in the opinion of the Minister, represent the interests of operators of retirement villages, residents or intending residents, statutory supervisors, or other persons.

(5) Any variation by the Minister comes into force on the date stated by the Minister in the document making the variation.

(1) Before making any recommendation under section 89 or section 90(4), the Retirement Commissioner must give public notice of—

• (a) the places at which the public may inspect or obtain, without charge,—

  • (i) the draft code of practice under consideration; or

  • (ii) the proposed variation under consideration:

• (b) the last date on which the Retirement Commissioner will receive written submissions on the draft code of practice or variation (which date must not be less than 1 month after the date of the publication of the notice).

(2) The Retirement Commissioner must also ensure that the information required to be given by public notice under subsection (1) can be accessed by the public at a website maintained by the Commissioner.

(1) A code of practice is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but not for the purposes of the Acts and Regulations Publication Act 1989.

(2) While a code of practice is in force, it—

• (a) must be complied with by—

  • (i) every operator of a retirement village:

  • (ii) every receiver or liquidator or statutory manager of an operator or the property of the operator; and

• (b) is enforceable as a contract by a resident and prevails over any less favourable provision in his or her occupation right agreement; and

• (c) must be given effect to in any occupation right agreement offered to a resident.

(3) Nothing in a code of practice applies to any health services or disability services or facilities to which the Code of Health and Disability Services Consumers' Rights under the Health and Disability Commissioner Act 1994 applies.

(4) The operator of a retirement village must make a copy of the code of practice available to every resident and intending resident on request.

(5) Subsection (2) is subject to section 93.

(1) The Registrar may exempt an operator from complying with any provision of the code of practice if the Registrar is satisfied that the criteria for exemption prescribed under section 105 are met.

(2) An operator applies to the Registrar for an exemption by—

• (a) completing the prescribed form and delivering it to the Registrar; and

• (b) paying the prescribed fee.

(3) The Registrar may exempt the operator on the terms and conditions, and for any period (not exceeding 2 years), that the Registrar thinks appropriate in the particular circumstances.

(4) The Registrar may revoke an exemption, or vary its terms or conditions, if the Registrar is satisfied that—

• (a) the ground for the exemption no longer applies; or

• (b) the operator has not complied with its terms and conditions.

(5) The Registrar must give notice of the revocation or variation of an exemption as soon as possible to—

• (a) the statutory supervisor (if there is one); and

• (b) the operator.

(1) A retirement village must always have a registered office in New Zealand.

(2) The registered office of a retirement village at a particular time is the place that is described as its registered office in the register maintained under Schedule 1 at that time.

(3) The description of the registered office must—

• (a) state the address of the registered office; and

• (b) if the registered office is at the offices of any firm of chartered accountants, barristers and solicitors, or any other person, state—

  • (i) that the registered office of the retirement village is at the offices of that firm or person; and

  • (ii) particulars of the location in any building of those offices; or

• (c) if the registered office is not at the offices of any such firm or person but is located in a building occupied by persons other than the retirement village, state particulars of its location in the building.

(1) The operators of a retirement village may change the registered office of the retirement village at any time.

(2) Notice in the prescribed form of the change must be given to the Registrar for registration.

(3) The change in the registered office takes effect on a date stated in the notice, not being a date earlier than 5 working days after the notice is registered.

(1) A retirement village's address for service at any particular time is the address that is described as its address for service in New Zealand in the register maintained under Schedule 1 at that time.

(2) A retirement village's address for service must not be at a postal centre or document exchange.

(3) The operators of a retirement village may change the address for service of the retirement village at any time.

(4) Notice in the prescribed form of the change must be given to the Registrar for registration.

(5) A change of address for service takes effect on a date stated in the notice, not being a date that is earlier than 5 working days after the notice is registered.

(1) The Registrar or a person authorised by the Registrar may,—

• (a) for the purpose of—

  • (i) ascertaining whether a retirement village or operator complies, or has complied, with this Act or the Financial Reporting Act 1993; or

  • (ii) ascertaining whether the Registrar should exercise any of his or her rights or powers under this Act or the Financial Reporting Act 1993; or

  • (iii) detecting offences against this Act or the Financial Reporting Act 1993; and

• (b) if, in the Registrar's opinion, it is in the public interest to do so,—

  • (i) inspect and take copies of relevant documents; or

  • (ii) take possession of relevant documents and remove them from the place where they are kept, and retain them for a reasonable time, for the purpose of taking copies; or

  • (iii) retain relevant documents for a period that is, in all the circumstances reasonable, if there are reasonable grounds for believing that they are evidence of the commission of an offence.

(2) Nothing in this section affects the Tax Administration Act 1994 or the Statistics Act 1975.

(3) A person must not obstruct or hinder the Registrar or a person authorised by the Registrar while exercising a power conferred by subsection (1).

(4) In this section relevant document, in relation to a retirement village, means a document that contains information relating to—

• (a) the retirement village; or

• (b) money or other property that is, or has been, managed, supervised, controlled, or held in trust by or for the retirement village.

(5) Nothing in this section requires any person to produce a document if that person could refuse to produce that document in proceedings on the grounds of any privilege available in a court of law.

(1) Subsection (2) applies if a person authorised by the Registrar for the purpose of section 97 has—

• (a) obtained a document or information in the course of making an inspection under that section; or

• (b) prepared a report in relation to an inspection under that section.

(2) If this subsection applies, a person must, if directed to do so by the Registrar, give the document, information, or report to—

• (a) the Minister; or

• (b) the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act; or

• (c) the official assignee, for the purposes of the bankruptcy of an operator of a retirement village; or

• (d) any person authorised by the Registrar to receive the document, information, or report for the purposes of this Act or in connection with the exercise of powers conferred by this Act; or

• (e) a liquidator for the purposes of the liquidation of a retirement village or an operator of a retirement village.

(3) A person authorised by the Registrar for the purposes of section 97 who has—

• (a) obtained a document or information in the course of making an inspection under that section; or

• (b) prepared a report in relation to an inspection under that section—

must give the document, information, or report to the Registrar when directed to do so by the Registrar.

(4) Subsection (5) applies if a person authorised by the Registrar for the purposes of section 97 has—

• (a) obtained a document or information in the course of making an inspection under that section; or

• (b) prepared a report in relation to an inspection under that section.

(5) A person to whom this subsection applies must not disclose that document, information, or report except—

• (a) in accordance with subsection (2) or subsection (3); or

• (b) subject to the approval of the Registrar, with the consent of the person to whom it relates; or

• (c) subject to the approval of the Registrar, for the purposes of this Act or in connection with the exercise of powers conferred by this Act; or

• (d) to the extent that the information, or information contained in the document or report, is available under any Act or in a public document; or

• (e) subject to the approval of the Registrar, to a liquidator for the purposes of the liquidation of a company or the assets of an overseas company; or

• (f) in the course of criminal proceedings.

(1) Sections 364 and 388 to 392 of the Companies Act 1993 (which provide for the method of service to be undertaken by the Registrar) apply, with any necessary modifications, in respect of the service of any document by the Registrar under this Act or any regulations made under this Act.

(2) Sections 368 to 372 of the Companies Act 1993 apply in respect of the disclosure of information or reports referred to in section 97, with any necessary modifications.

If a deed of participation relating to the supervision of a retirement village that was entered into before the commencement of section 38 contains any provision that is inconsistent with this Act, that provision is void.

(1) The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

• (a) regulating advertising undertaken in connection with the promotion of retirement villages and the terms and form of disclosure statements to be used for the purposes of this Act:

• (b) specifying the matters to be included in applications for registration and the documents required to accompany those applications:

• (c) prescribing interest on amounts for which interest is required to be paid:

• (d) specifying matters to be included in occupation right agreements:

• (e) specifying information, provisions, and matters to be included in a deed of supervision:

• (f) conferring any powers or duties on the Retirement Commissioner or statutory supervisors or both:

• (g) regulating the manner in which disputes panels must conduct their hearings:

• (h) specifying the matters for which fees and charges must be paid under this Act or regulations made under this Act:

• (i) prescribing forms for the purposes of this Act:

• (j) providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

(2) Without limiting the generality of subsection (1)(a), regulations may be made under that provision—

• (a) prescribing the information, statements, certificates, documents, or other matters that must or must not be contained in, or endorsed on, or attached to, advertisements or disclosure statements, either generally or in respect of any specified class of advertisement or disclosure statement; or

• (b) prohibiting or restricting the use in advertisements or disclosure statements of prescribed words, information, statements, sounds, and images, graphics, or other matters, either generally or in respect of any specified class of advertisement or disclosure statement; or

• (c) prescribing requirements as to the layout or method of presentation of any advertisement, or disclosure statement and the size of type used in those advertisements or disclosure statements, either generally or in respect of any specified class of advertisement or disclosure statement.

(1) Without limiting the generality of section 101, regulations may be made under that section prescribing—

• (a) fees or other amounts payable to the Registrar or the Registrar-General of Land in respect of the performance of functions and the exercise of powers under this Act or regulations made under this Act:

• (b) amounts payable to the Registrar by way of penalty for failure to deliver a document within the time prescribed by this Act or regulations made under this Act:

• (c) fees or other amounts payable to the Registrar or the Registrar-General of Land in respect of any other matter under this Act or regulations made under this Act.

(2) The Registrar or the Registrar-General of Land may refuse to perform a function or exercise a power until the prescribed fee or amount is paid.

(3) Regulations made under section 101(1)(h) may authorise the Registrar or the Registrar-General of Land to waive, in whole or in part and on any conditions prescribed, payment of any amount referred to in subsection (1)(b).

(4) Any fee or amount payable to the Registrar or the Registrar-General of Land is recoverable in any court of competent jurisdiction as a debt due to the Crown.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, declare specified property, buildings, or other premises, or property, buildings, or other premises of a specified class, to be or not to be a retirement village for the purposes of this Act.

(2) The Minister must not recommend the making of any Order in Council under subsection (1) unless, in the opinion of the Minister, the Order in Council is necessary—

• (a) to prevent the avoidance of obligations under this Act as a consequence of any scheme or arrangement; or

• (b) to clarify whether—

  • (i) specific property, buildings, or other premises; or

  • (ii) property, buildings, or other premises of a specified class—

  whose status is in doubt are or are not a retirement village.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing criteria for the grant of exemptions under section 41 (which relates to the grant of exemptions from the requirement to appoint a statutory supervisor).

(2) The Minister must not recommend the making of any Order in Council under subsection (1) unless, in the opinion of the Minister, the regulations will enable the grant of an exemption from the requirement to appoint a statutory supervisor only in circumstances where the appointment of a statutory supervisor is unnecessary for the protection of residents' interests or undesirable.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing criteria for the grant of exemptions under section 93 (which relates to the grant of exemptions from the requirement to comply with a provision or provisions of the code of practice).

(2) The Minister must not recommend the making of an Order in Council under subsection (1) unless, in the opinion of the Minister, the regulations will enable the grant of an exemption from the requirement to comply with a provision or provisions of the code of practice only in circumstances where compliance with the provision or provisions that are the subject of the exemption is unnecessary for the protection of residents' interests or undesirable.

(1) Any notice under this Act may be given to any person by delivering it to that person either personally or by leaving it at, or sending it to, the person's last known or usual place of residence or business.

(2) If a notice addressed to a person at the person's last known or usual place of residence or business is posted, it is deemed, in the absence of evidence to the contrary, to have been received at the time when it would in the ordinary course of post be delivered.

(1) Neither the Securities Act 1978 nor the Residential Tenancies Act 1986—

• (a) applies to—

  • (i) any offer of occupation; or

  • (ii) any occupation right agreement; or

  • (iii) any advertisement for occupation of a retirement village; or

• (b) applies to any rights or obligations on a resident or operator of a retirement village acting in that capacity.

(2) To avoid doubt, subsection (1) does not exempt any person from the application of any provision of the Securities Act 1978—

• (a) in relation to the offer of any securities (other than a security arising out of a matter referred to in subsection (1)(a)),—

  • (i) in the retirement village; or

  • (ii) by any operator of a retirement village; or

• (b) in relation to an offer of securities to any person who is already a resident and who is not obliged to subscribe to the securities by an occupation right agreement.

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).