Retirement Villages (Fees) Regulations 2006

Reprint
as at 11 August 2011

Coat of Arms of New Zealand

Retirement Villages (Fees) Regulations 2006

(SR 2006/297)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 25th day of September 2006

Present:
His Excellency the Governor-General in Council


Note

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.

These regulations are administered by the Department of Building and Housing.


Pursuant to sections 101 and 102 of the Retirement Villages Act 2003, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Retirement Villages (Fees) Regulations 2006.

2 Commencement
  • These regulations come into force on 1 May 2007.

3 Interpretation
  • In these regulations, unless the context requires otherwise,—

    Registrar means the Registrar of Retirement Villages appointed under section 87 of the Act

    Registrar-General means the Registrar-General of Land.

4 Fee for registration of retirement village
  • The fee for registration of a retirement village is the sum of—

    • (a) $900; and

    • (b) $176 for the Registrar-General to note a memorial on 1 or more certificates of title or computer registers under section 21(3) of the Act if the village is registered and the other requirements of section 21 of the Act are met; and

    • (c) $5 for each notice of memorial (if any) that the Registrar-General must give under section 21(4) of the Act if the village is registered and the other requirements of section 21 of the Act are met.

    Regulation 4: substituted, on 11 August 2011, by regulation 4 of the Retirement Villages (Fees) Amendment Regulations 2011 (SR 2011/248).

5 Fee for filing annual return for retirement village
  • The fee for filing an annual return for a retirement village is set out in the following table:

    ItemNumber of units in the villageFee ($)
    1Not more than 34400
    2At least 35 but not more than 84650
    3At least 851,300

    Regulation 5: substituted, on 11 August 2011, by regulation 4 of the Retirement Villages (Fees) Amendment Regulations 2011 (SR 2011/248).

6 Fee for notifying Registrar of change to retirement village
  • The fee for notifying the Registrar under section 17 of the Act of a change to the property, building, or premises comprising a retirement village is the sum of any of the following amounts that are applicable:

    • (a) $176 for the Registrar-General to note a memorial on 1 or more certificates of title or computer registers under section 21(3) of the Act because of the change if the other requirements of section 21 of the Act are met:

    • (b) $5 for each notice of memorial that the Registrar-General must give under section 21(4) of the Act because of the change if the other requirements of section 21 of the Act are met:

    • (c) $176 for the Registrar-General to remove a memorial from 1 or more certificates of title or computer registers that—

      • (i) are for land that, because of the change, has ceased to be part of the village; and

      • (ii) had a memorial noted on them under section 21(3) of the Act before the change.

    Regulation 6: substituted, on 11 August 2011, by regulation 4 of the Retirement Villages (Fees) Amendment Regulations 2011 (SR 2011/248).

7 Fee for requesting cancellation of registration of retirement village
  • The fee for an operator of a retirement village requesting a cancellation of the registration of the village is $176 (which includes, if the registration is cancelled and the other requirements of section 23 are met, the Registrar-General removing a memorial from 1 or more certificates of title or computer registers under section 23(3) of the Act).

    Regulation 7: substituted, on 11 August 2011, by regulation 4 of the Retirement Villages (Fees) Amendment Regulations 2011 (SR 2011/248).

8 Fees include GST
  • The fees prescribed by these regulations include goods and services tax.

9 Penalties for late delivery of annual returns
  • (1) The operator of a retirement village who delivers to the Registrar an annual return for the village after the month allocated for that purpose is liable to pay the Registrar, by way of penalty,—

    • (a) $25, if the return is delivered within 25 working days after the end of that month; or

    • (b) $100, if the return is delivered later.

    (2) However, the Registrar may waive the penalty if satisfied that—

    • (a) the lateness of the delivery of the annual return was accidental or due to inadvertence; or

    • (b) it is just and equitable to waive the penalty.

10 How fees and penalties may be paid
  • (1) Fees and penalties set by these regulations may be paid in any of the following ways:

    • (a) by cash:

    • (b) by cheque:

    • (c) by a credit card that is acceptable to the Registrar:

    • (d) by direct debit from an account held with a financial institution by the person liable to pay the fee or penalty.

    (2) This regulation does not limit the ways in which fees or penalties may be paid.

Martin Bell,
for Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 28 September 2006.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Retirement Villages (Fees) Regulations 2006. The reprint incorporates all the amendments to the regulations as at 11 August 2011, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)