New Zealand Legislation: Acts
Acts are laws made by Parliament
(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(ii) [Repealed]
(iii) [Repealed]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.
Section 31(2)(a)(ii): repealed, on 15 December 2005, by section 5 of the Retirement Villages Amendment Act 2005 (2005 No 113).
Section 31(2)(a)(iii): repealed, on 15 December 2005, by section 5 of the Retirement Villages Amendment Act 2005 (2005 No 113).
