New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 October 2011
| Public Act | 2003 No 112 |
| Date of assent | 30 October 2003 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Department of Building and Housing.
6 Meaning of retirement village
8 Operator and director, trustee, or office holder of operator not to be exempt from liability
9 Power of court to grant relief in proceedings for negligence, etc
Part 2
Registration, occupation right agreements, and related requirements and rules
Registration of retirement villages
10 Retirement villages to be registered
11 Registration is not approval
12 Registration of existing retirement villages
14 Registrar may alter register
15 Registration to be continuous
16 Certification of registered documents
17 Operator to notify change of circumstances and documentation
19 Cancellation of registration
20 Further requirements as to registration and keeping registers
21 Memorial on certificates of title of retirement villages
23 Memorial and loss of registration
Statutory supervisor to be asked to act as representative
24 Receiver, liquidator, and statutory manager must ask statutory supervisor to represent residents
Offer and advertising prohibited if retirement village not registered
25 No offer of occupation or advertising unless retirement village registered
Other restrictions on advertising
26 Operator must ensure that advertisements are not misleading or deceptive
27 Occupation right agreements
28 Cooling-off period and cancellation for delay
29 Deposits and other payments must be independently held
31 Occupation right agreement voidable
32 Retirement villages to have code of residents' rights
33 Distribution of code of residents' rights
Other information relevant to occupancy
34 Right to be supplied with information relevant to occupancy
Rights of residents in relation to occupancy right
35 No legal impediments to occupation
Part 3
Retirement Commissioner and statutory supervisors
36 Retirement Commissioner to monitor, etc, effect of this Act
37 Registrar must approve statutory supervisor [Repealed]
38 Operator must appoint statutory supervisor
39 Registrar's consent required for termination or non-renewal of appointment
40 Operator must not indemnify or exempt statutory supervisor from liability
41 Exemption from requirement for statutory supervisor
42 Duties of statutory supervisor
43 Powers of statutory supervisor
44 Public statement by statutory supervisor
46 Statutory supervisor may require information
Auditor must answer questions and supply information
47 Auditor must answer questions and supply information
Part 4
Dispute resolution, enforcement, and penalties
49 Resident's rights may be exercised by personal representative
50 Types of dispute procedures
52 Resident or operator may require dispute resolution
53 Types of dispute for which resident may give dispute notice
54 Types of dispute for which operator may give dispute notice
55 Operator must notify statutory supervisor of certain disputes
57 Time for giving dispute notice
58 Retirement Commissioner approves persons eligible for appointment to disputes panel
59 Operator must appoint disputes panel
60 Composition of disputes panel
61 Disputes panel must disclose interests and previous involvement
62 Operator's duties to secure independence of disputes panel
63 Meaning of previous involvement in dispute
66 Panel may refuse to hear dispute
68 Matters that disputes panel must take into account in deciding certain disputes
70 Additional powers of disputes panel in certain disputes
72 Effect and enforcement of dispute resolution decisions
73 Effect of vacancy in panel membership
74 Costs on dispute resolution
75 Appeal to District or High Court
77 Jurisdiction of District Court
78 Jurisdiction of Disputes Tribunal
79 Contraventions of certain provisions an offence
80 Injunctions may be granted by court for contravention of certain provisions
81 Order to disclose information or publish advertisement
83 Monetary limits and exercise of jurisdiction
84 General provisions relating to section 82 orders
86 Finding in proceedings to be evidence
Part 5
Registrar of Retirement Villages, code of practice, and miscellaneous matters
Registrar of Retirement Villages
88 Power of Registrar to delegate
89 Code of practice must be prepared and published
90 Duration and variation of code of practice
91 Retirement Commissioner to provide publication information
93 Exemption from requirement to comply with code of practice
Registered office of retirement village
95 Change of registered office
Address for service of retirement village
Registrar's powers of inspection
97 Registrar's powers of inspection
98 Disclosure of information and reports
99 Certain provisions of Companies Act 1993 apply
103 Regulations defining retirement villages
104 Regulations prescribing criteria for exemptions under section 41
105 Regulations prescribing criteria for exemptions under section 93
108 Amendment to Corporations (Investigation and Management) Act 1989
109 Amendments to Financial Reporting Act 1993
110 Amendment to Securities Act 1978
Schedule 1
Registration and register
Schedule 2
Disclosure statements
Schedule 3
Occupation right agreements
Schedule 4
Code of residents' rights
