Retirement Villages Act 2003 No 112 (as at 01 August 2009), Public Act

19 Cancellation of registration
  • (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).