New Zealand Legislation: Acts

30 Information to be provided

• (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.