Part 2, sections 38 to 47, Part 4, sections 94 to 100, sections 107 to 110, and Schedules 1 to 4 come into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made appointing different dates for different provisions.

The rest of this Act comes into force on 1 February 2004.

The purpose of this Act is—

This Act binds the Crown.

In this Act, unless the context otherwise requires,—

In this Act, but subject to subsections (2) to (6), retirement village means the part of any property, building, or other premises that contains 2 or more residential units that provide, or are intended to provide, residential accommodation together with services or facilities, or both, predominantly for persons in their retirement, or persons in their retirement and their spouses or partners, or both, and for which the residents pay, or agree to pay, a capital sum as consideration and regardless of whether—

A retirement village includes any common areas and facilities to which residents of the retirement village have access under their occupation right agreements.

Despite subsections (1) and (2), if 1 or more of the residential units referred to in subsection (1) are located in a rest home or hospital care institution, the only parts of that rest home or hospital care institution that comprise, or are included in, the retirement village are—

For the avoidance of doubt, the following are not retirement villages for the purposes of this Act:

Whether or not a property or building is, or any other premises are, a retirement village must be determined according to the nature, substance, and economic effect of the operation of the property, building, or premises and other facts, and independently of its or their form or description in any document.

For the avoidance of doubt,—

This section must be read in conjunction with section 103 (which authorises the making of regulations declaring specified property, buildings, or other premises, or property, buildings, or other premises of a specified class, to be or not to be a retirement village for the purposes of this Act).

If obligations are imposed on the operator of a retirement village by this Act,—

This section applies to any provision in any agreement or other document that directly or indirectly has the effect of involving the residents of a retirement village in—

Except as provided in subsection (3), any provision to which this section applies is void.

Nothing in subsection (2) deprives any operator or director, trustee, or office holder of an operator, of any exemption or right to be indemnified in respect of anything done or omitted to be done by him or her while any such provision was in force if the exemption or indemnity was in existence on or before the day on which this section comes into force.

Subsection (2) applies if, in any civil proceeding for negligence, default, breach of duty, or breach of trust against an operator or director, trustee, or office holder of an operator in connection with a retirement village, it appears to the court hearing the case that—

If this subsection applies, the court may relieve the person referred to in subsection (1), either wholly or partly, from the person’s liability on any terms that the court thinks fit.

The operator of a retirement village must ensure that it is registered.

The operator of a retirement village must lodge with the Registrar an application for registration in the prescribed form together with the following:

The Registrar must—

The Registrar may refuse to consider an application for registration or an amendment to registered documents if arrangements for the payment of prescribed fees are not in place.

After registering a retirement village, the Registrar must allocate a month to the retirement village for the purpose of delivering the annual return required by section 13 and may, at any time by written notice to the operator, alter the month allocated.

This section is subject to section 12.

Registration of a retirement village does not imply approval by the Registrar or the Crown of the retirement village or any of the matters in the application.

If a retirement village has 1 or more residents at the commencement of this section,—

If the holder of a security interest to whom subsection (1)(b) applies fails or refuses to consent to the registration of a retirement village,—

Nothing in this section exempts any operator from the obligation to issue a disclosure statement that complies with this Act to any intending resident after the commencement of this section.

The operator of a retirement village to which subsection (1) applies must issue a disclosure statement that complies with this Act to every resident, within 12 months after the date on which this section comes into force.

An operator of a retirement village must ensure that there is delivered to the Registrar each year, for registration, during the month allocated to the retirement village for the purpose, an annual return for that village signed by the operator or by a solicitor or qualified statutory accountant (within the meaning of section 5(1) of the Financial Reporting Act 2013).

The annual return must be in the prescribed form and must contain the prescribed information for the prescribed period.

The annual return that is delivered for registration must be accompanied by—

The annual return must be dated as at a day within the month in which the return is required to be delivered to the Registrar, and the information required to be contained in it must be accurate as at that date.

Despite subsection (1), a retirement village need not make an annual return in the calendar year of its registration.

The Registrar may alter the register if the annual return contains any of the following information that is different from the information entered on the register:

Every retirement village that is registered remains registered unless the Registrar suspends or cancels its registration.

An operator of a retirement village must, in the prescribed form and within the prescribed periods, lodge a certificate with the Registrar confirming that each registered document (other than a document that has been replaced by another registered document) is correct and current and, in the opinion of the persons signing the certificate, not likely to mislead or deceive any resident, intending resident, or the public.

The operator of a registered retirement village must, in the prescribed form (if any), notify the Registrar and the statutory supervisor of the village (if there is one) of—

Nothing in subsection (1) prevents an operator of a retirement village from—

If notice is given to the Registrar under subsection (1) or subsection (2)(a), the Registrar may—

The Registrar may suspend the registration of any retirement village if he or she considers that—

The Registrar must give notice of the suspension to the operator of the retirement village and to the statutory supervisor of the village (if there is one), and that notice must specify—

Once the operator of a retirement village has received notice of its suspension of registration, the operator, while the suspension is in force,—

The Registrar must cancel the registration of a retirement village if the Registrar—

If there is more than 1 operator of the retirement village, the request in writing must be made by all operators of the village.

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).

No operator may request the cancellation of the registration of any retirement village that has any residents unless—

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).

Every operator of a retirement village and the Registrar must comply with the applicable provisions of Schedule 1 (which sets out requirements relating to the lodging of documents for registration and the keeping of the register by the Registrar).

The Registrar must notify the Registrar-General of Land of the registration of a retirement village, and of any change to the property, building, or premises comprising the retirement village notified to the Registrar in accordance with section 13 or section 17.

The notification must contain a description of the land that comprises the retirement village and identifies the particular certificates of title or computer registers required to be noted under subsection (3), a copy of any written consent to registration of the village lodged with the Registrar under section 12(1)(c), and the address of the holder of any security interest that is registered against the title.

The Registrar-General of Land must note on every certificate of title or computer register relating to a registered retirement village the words “Subject to section 22 of the Retirement Villages Act 2003 (which provides priority for the rights of residents ahead of the rights of holders of security interests)”.

The Registrar-General of Land must, when the memorial referred to in subsection (3) is noted, give notice of the memorial to the holder of any security interest registered against the certificate of title.

If a memorial is entered under section 21, then, unless all residents of the retirement village have received independent legal advice and at least 90% of those residents have consented in writing, the holder of a security interest or any receiver or liquidator or statutory manager of property comprising the retirement village or of any operator of the village must not exercise any right to—

Subsection (1) applies whether or not the security interest is registered against the certificate of title.

The holder of the security interest, or any receiver or liquidator or statutory manager of property comprising the retirement village or of an operator of the village, may apply to the High Court for an exemption from any requirement of subsection (1), and that exemption may be granted subject to any conditions that the court considers appropriate.

This section does not affect—

In subsection (4)(b), specified right means any right conferred by the security interest referred to in subsection (4)(b)(i) (being a right provided in that security interest as at 31 December 2002).

If the registration of a retirement village is cancelled under section 19 (but not if it is suspended under section 18), the Registrar must notify the Registrar-General of Land of that cancellation.

The notification must identify the particular certificates of title or computer registers to enable the Registrar-General of Land to act under subsection (3).

Upon receipt of a notice under subsection (1), the Registrar-General of Land must remove a memorial on a certificate of title entered under section 21.

If a receiver is appointed in respect of property of an operator that includes a retirement village or a liquidator or statutory manager is appointed for an operator, the receiver or liquidator or statutory manager must ask the statutory supervisor of the retirement village (if there is one) to represent the interests of residents in negotiations with the receiver or liquidator or statutory manager concerning the protection of the residents’ interests.

No person may—

that relates to a retirement village that is not registered under this Act.

Subsection (1) does not apply if—

Subsection (1) does not apply to a statement made by, or on behalf of, the promoter of a retirement village if the statement is to the effect that the promoter intends to apply for registration of the village under this Act and to make offers of occupation to the public and the statement contains no information other than—

Before any advertisement for occupation rights in a retirement village is published, the operator and promoter of the village must take all practicable steps to ensure that the advertisement is not misleading or deceptive.

Subsection (1) does not affect the obligations of the operator or promoter under the Fair Trading Act 1986.

No person may make any other person an offer of occupation in a retirement village, or accept an offer by a person to become a resident in a retirement village, except in accordance with an occupation right agreement that contains, in a clear and unambiguous form,—

An occupation right agreement may contain—

An intending resident must receive independent legal advice before signing the occupation right agreement.

The signature of the intending resident on the occupation right agreement must be witnessed by a lawyer.

The lawyer who witnesses the signature of an intending resident must certify on the prescribed form (if any) that, before the intending resident signed the agreement, the lawyer explained to that person the general effect of the agreement and its implications.

The explanation required to be given by subsection (5) must be given in a manner and in language that is appropriate to the age and understanding of the intending resident.

If an occupation right agreement is to be signed by an attorney of an intending resident, or a welfare guardian or manager of the property of an intending resident appointed under the Protection of Personal and Property Rights Act 1988, that person must be treated as the intending resident for the purposes of subsections (3) to (6).

An occupation right agreement must contain a provision allowing a resident (other than a person who is a resident solely because paragraph (c) of the definition of resident applies to that person) to cancel the agreement,—

Notice of cancellation—

The notice may be given to—

The operator is entitled to reasonable compensation for services provided to the resident under the occupation right agreement and for damage to a residential unit or any facilities in the retirement village for which the resident is responsible before the cancellation takes effect.

Despite subsection (1), an occupation right agreement may contain a cancellation provision of the kind referred to in subsection (1) that is more favourable to the resident than the provision referred to in subsection (1), but, if the agreement fails to contain any provision of the kind referred to in subsection (1) or contains a provision that is less favourable to the resident than that provision, the agreement is deemed to contain the provision referred to in subsection (1).

Every deposit, progress payment, and other payment made by a resident as payment for an occupation right or future occupation right in a retirement village must be held for the benefit of the resident in an interest-bearing account until settlement of the transaction or cancellation of the occupation right agreement under section 28 by either—

If an occupation right agreement is cancelled under section 28 the resident is entitled, on request, to a refund, with interest and without deduction other than tax, of the deposit and all progress payments within 10 working days after the request.

If, at the expiry of the period allowed under section 28 for the cancellation of an occupation right agreement, notice of cancellation has not been given, any interest accrued on a deposit, progress payment, or other payment to which subsection (1) applies must be paid to the operator.

Before any occupation right agreement can be entered into, the intending resident must receive—

In any proceedings that involve an issue as to whether an intending resident has received the information specified in subsection (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).

If a resident exercises the right conferred by subsection (1), the resident is entitled to receive—

Despite subsections (1) and (2),—

In subsection (1), the prescribed period,—

For the purposes of this section, a contravention of a particular provision is a contravention of that provision in a substantial respect if—

The code of residents’ rights set out in Schedule 4 is a summary of the minimum rights conferred on a resident of a retirement village by this Act.

Nothing in the code of residents’ rights applies to any health services or disability services or any facilities to which the Code of Health and Disability Services Consumers’ Rights under the Health and Disability Commissioner Act 1994 applies.

The operator must ensure that a copy of the code of residents’ rights is—

A resident is entitled to bring any alleged breach of a right referred to in the code of residents’ rights to the attention of 1 or more of the following:

Subsection (2) does not limit the ability of a resident to bring any alleged breach of a right referred to in the code of residents’ rights to the attention of any other person.

Each resident or intending resident of a retirement village has the right to be promptly informed by the operator of the retirement village about any matter that would or might have a material impact on—

The operator of a retirement village must,—

The matters required to be notified under subsection (2) are—

This section does not limit section 32 or Schedule 4.

The operators of a retirement village must ensure that, at the commencement of the resident’s occupation right, there is no legal impediment to the occupation of the residential unit for residential purposes.

An operator of a retirement village must ensure that there are kept at all times accounting records that—

The operator of a retirement village must establish and maintain a satisfactory system of control of its accounting records.

The accounting records must be kept—

An operator of a retirement village must ensure that, within 5 months after the balance date of the operator, financial statements that comply with generally accepted accounting practice are—

Subsection (1) does not apply to a receiver or liquidator, or a person who has no financial interest in the retirement village.

This section applies if—

The operator of a retirement village must ensure that, within 5 months after the balance date of the operator, financial statements that comply with generally accepted accounting practice are—

The operator of a retirement village must lodge a copy of the financial statements of the operator and each village, within 5 months after the balance date of the operator,—

The operator of a retirement village must ensure that the financial statements prepared under sections 35B and 35C are audited by a qualified auditor.

See sections 37 to 39 of the Financial Reporting Act 2013 (which provide for the appointment of a partnership and access to information in relation to an operator of a retirement village).

An auditor must, in carrying out an audit for the purposes of section 35D, comply with all applicable auditing and assurance standards.

The auditor’s report must comply with the requirements of all applicable auditing and assurance standards.

Section 35B does not apply to an operator of a retirement village in relation to an accounting period if financial statements of the operator are required to be prepared for that period under subpart 3 of Part 7 of the Financial Markets Conduct Act 2013 or section 55 of the Financial Reporting Act 2013.

An operator of a retirement village commits an offence and is liable on conviction to a fine not exceeding $50,000 if—

The functions of the Retirement Commissioner in relation to this Act are as follows:

Every operator of a retirement village must answer any questions and supply any information relating to the retirement village reasonably requested by the Retirement Commissioner for the performance of the Retirement Commissioner’s functions.

The operator must supply the information within 20 working days of receiving the request or within any further period that the Retirement Commissioner allows.

The operator of a retirement village must appoint a statutory supervisor who holds a licence under the Financial Markets Supervisors Act 2011 that covers supervision of the village, unless the operator has obtained an exemption under section 41.

The statutory supervisor must be appointed under a deed of supervision between the operator and the statutory supervisor, on the terms and conditions set out in that document.

A deed of supervision must contain all information and other matters or provisions that are required to be included in it by regulations made under this Act.

The Registrar must consent in writing before the operator or the statutory supervisor—

In the case of termination or election not to renew by the statutory supervisor, the Registrar’s consent is not necessary if the statutory supervisor has given the operator 1 year’s notice.

This section does not apply to the termination of the appointment of a statutory supervisor by the operator under section 23 or 38 of the Financial Markets Supervisors Act 2011.

The operator must not indemnify the statutory supervisor for, or exempt the statutory supervisor from, any liability for breach of duty, breach of trust or other fiduciary obligation, that involves gross negligence, bad faith, or wilful misconduct by the statutory supervisor.

An indemnity or agreement contrary to subsection (1) is void.

The Registrar may exempt an operator from appointing a statutory supervisor if the Registrar is satisfied that the criteria for exemption prescribed under section 104 are met.

An operator applies to the Registrar for an exemption by—

The Registrar may exempt the operator on the terms and conditions, and for the period, that the Registrar thinks appropriate.

The Registrar may revoke an exemption, or vary its terms or conditions, if the Registrar is satisfied that—

The Registrar must give notice of the revocation or variation of an exemption as soon as possible to the operator.

A statutory supervisor must—

If a statutory supervisor believes the financial position of the retirement village, the security of the interests of the residents, or the management of the retirement village is inadequate, the statutory supervisor may—

The statutory supervisor may direct that an advertisement that the statutory supervisor considers is inconsistent with this Act or regulations made under this Act, or the disclosure statement, occupation right agreement, or code of practice, not be published or distributed to the public.

The court may, on application by a statutory supervisor under section 43(1)(c) and after giving the operator and any other person that the court thinks fit the opportunity to be heard, make 1 or more of the orders listed in subsection (2).

The orders may—

The court may vary or cancel an order made under this section.

In exercising its powers under this section, the court must have regard to the interests of all creditors of the operator.

The Registrar may authorise a statutory supervisor to make a public statement concerning the financial position, security of the interests of residents, or management of the retirement village if the Registrar and the statutory supervisor believe it is in the interests of residents or potential or intending residents to do so.

A statutory supervisor is not liable for any loss suffered by any resident or other person as a result of any action taken under section 43 or section 44 unless the statutory supervisor has acted in bad faith or recklessly.

The statutory supervisor may require the operator to provide information relating to the financial position, security of the interests of residents, or management of the retirement village to the statutory supervisor.

The operator must provide the information within 10 working days of receiving the request.

The auditor of a retirement village must comply, at the operator’s expense, with any reasonable request by the statutory supervisor, the Registrar, or the Retirement Commissioner that the auditor answer questions or provide other information in relation to the retirement village.

The auditor must comply within 20 working days after receiving the request or within the further period that the person making the request allows.

In this Part,—

Any right conferred by this Part on a resident may be exercised by his or her personal representative.

In any retirement village there are 2 forms of dispute procedure: a complaints facility and dispute resolution.

The operator must operate and make known to the residents of a retirement village a facility for dealing with complaints by the residents.

A resident or the operator may require that a dispute be resolved by a disputes panel by giving the other party or parties a dispute notice.

A resident may not require resolution of a dispute (other than a dispute referred to in section 53(3)) by a disputes panel unless—

An operator may not require resolution of a dispute by a disputes panel unless—

A resident may give a dispute notice for the resolution of a dispute concerning any of the operator’s decisions—

Nothing in subsection (1) enables a resident to give a dispute notice concerning any health services or disability services, or any facilities to which the Code of Health and Disability Services Consumers’ Rights under the Health and Disability Commissioner Act 1994 applies.

A resident may give a dispute notice for resolution of a dispute concerning the operator’s breach of the resident’s occupation right agreement or code of practice in disposing of a residential unit in a retirement village formerly occupied by the resident.

A resident may give a dispute notice for the resolution of a dispute affecting the resident’s occupation right between the resident and any other person who is—

An operator may give a dispute notice concerning any of the matters referred to in section 53(1)(a) to (c).

An operator may give a dispute notice concerning the operation of section 31(1) and (2) on the grounds of alleged contravention of section 18(3) or section 25(1) or section 27 or section 30(1).

The operator must forward to the statutory supervisor (if there is one) a copy of a dispute notice as soon as practicable after the dispute notice has been given if—

The operator must, immediately after forwarding a dispute notice to the statutory supervisor, advise the parties to the dispute that the statutory supervisor has been notified of the dispute.

This section does not limit the right of a resident to inform the statutory supervisor of, or otherwise involve the statutory supervisor in, a dispute to which the resident is a party and for which a dispute notice may be given.

A dispute notice must—

A dispute notice is valid if it substantially complies with subsection (1).

A dispute notice must be given within 6 months after the dispute was first referred to the complaints facility or, in the case of a dispute notice given by an operator, the resident concerned was first notified.

However, a dispute notice may be given after 6 months if the parties to the dispute agree.

A resident must not give a dispute notice for a dispute under section 53(3) before 9 months after the residential unit has become available to the operator for disposal in accordance with the resident’s occupation right agreement or the code of practice.

This section does not affect, and is not affected by, the responsibilities of an operator under the provisions of the code of practice relating to the disposal of vacant residential units.

The Retirement Commissioner must maintain and publish a list of persons whom the Commissioner has approved for appointment as a member of a disputes panel.

The Retirement Commissioner’s approval may be—

The Retirement Commissioner’s approval may be for a limited period, but in any event not longer than 5 years.

The Retirement Commissioner must remove the name of a person from the list if that person,—

The Retirement Commissioner may restore a person to the list whose name has been removed under subsection (4) if the Commissioner again approves that person for appointment as a member of a disputes panel.

The operator must appoint a disputes panel to resolve a dispute for which a dispute notice has been given.

The operator must appoint the panel within 20 working days after—

The operator must appoint 1 or more independent persons to form the disputes panel.

The operator must consult the other parties to the dispute before making an appointment.

A person must not be appointed a member of a disputes panel unless that person’s name appears on the Retirement Commissioner’s list under section 58(1).

In the case of a dispute referred to in section 53(3),—

A person asked by an operator to become a member of a disputes panel to resolve a dispute must disclose to the operator—

A member of a disputes panel to which an operator proposes to allocate a dispute for resolution must disclose to the operator any previous involvement that the member has had in the dispute other than as a member of the disputes panel.

An operator must not appoint as a member of a disputes panel—

An operator must appoint the members of a disputes panel on contracts for services.

An operator must not include in a member of a disputes panel’s contract any term or condition that could have the effect, directly or indirectly, of influencing the disputes panel or that member, when conducting a dispute resolution, in favour of—

An operator must not appoint a disputes panel to resolve a dispute that contains as a member any person who discloses to the operator any previous involvement in the dispute other than as a member of the disputes panel.

For the purposes of sections 61 and 62, a person has a previous involvement in a dispute between a resident and another resident or person living with another resident if the person is related, or is or was formerly living with or in a relationship with, either the applicant or the respondent.

Subsection (1) does not limit the meaning of previous involvement.

The disputes panel may conduct the dispute resolution in any manner it thinks fit, but it must comply with any other relevant provision of this Act and any regulations made under this Act.

In the course of conducting a dispute resolution, the disputes panel must hold a hearing unless—

The parties to the dispute are entitled to be present and heard at the hearing.

The disputes panel must hold the hearing at a time and place that is—

The disputes panel must take all practicable steps to ensure that notice of the time and place of the hearing is given—

A disputes panel may refuse to hear, or continue to hear, a dispute if the panel considers, after consulting with the parties,—

When the panel consults the parties on a proposal to exercise any of its powers under subsection (1), the panel must advise the parties of the effect and implications of the proposal.

If the panel refuses to hear, or to continue to hear, a dispute under subsection (1)(b), the panel must refer the dispute to the nearest office of the District Court for hearing.

The District Court to which a dispute is referred under subsection (3)—

The panel at its discretion may award costs for the hearing to the point that the panel refuses to continue to hear the dispute, and must take into account the conduct of the parties.

If the panel refuses to hear, or continue to hear, a dispute under subsection (1)(c), the operator must appoint another panel to hear the dispute.

Any person against whom costs are awarded under this section must pay them within 28 days of the decision to award them.

The disputes panel may admit any relevant evidence at the hearing from any person, whether or not the evidence would be admissible in a court and whether or not the person is present at the hearing.

The disputes panel may decline to receive any evidence from any person who is not present but, before doing so, must give the relevant party a reasonable opportunity to arrange to have the person attend the hearing or an adjourned hearing.

The disputes panel may make a decision even though a person entitled to be present and heard at the hearing did not attend it unless, before the disputes panel makes the decision,—

The disputes panel may allow 1 or more parties to be represented, whether by counsel or otherwise, and to question the other party as it considers appropriate, having regard to—

The matters that a disputes panel must take into account in deciding a dispute referred to in section 53(3) include—

A disputes panel may—

For the avoidance of doubt, a disputes panel may amend an occupation right agreement to comply with a provision of the code of practice from which the operator of the retirement village is exempted from complying, but the disputes panel must make the amendment subject to that exemption while it is in force.

In a dispute referred to in section 53(3), a disputes panel may make 1 or more of the following orders:

The panel must not make an order under subsection (1)(d) unless it has considered the alternative orders it could make and is satisfied that none is appropriate.

The powers in subsection (1) are additional to the panel’s powers under section 69.

The panel may, in relation to an order under subsection (1),—

The disputes panel must record in writing its findings on material issues of fact and the reasons for its decision resolving a dispute.

The panel must give each party, and the operator (if the operator is not a party to the dispute), a copy of the record of the decision signed by the presiding member of the panel.

The operator must keep the record for at least 5 years and make it available to the statutory supervisor and the Retirement Commissioner on request.

A dispute resolution decision in relation to a dispute with an operator is binding on the applicant and the respondent.

A dispute resolution decision in relation to a dispute with another resident or person living with another resident is binding on the applicant and the respondent.

Subsections (1) and (2) do not prevent any action by way of judicial review.

An order made by a disputes panel—

Except in the case of a single member disputes panel, the death, resignation, or unavailability of a member of a disputes panel does not prevent the remaining member or members of the panel from making a decision resolving a dispute.

The operator that appoints a disputes panel is responsible for meeting all the costs incurred by the disputes panel in conducting a dispute resolution, whether or not the operator is a party to the dispute.

Whether or not there is a hearing, the disputes panel may—

The disputes panel must make a decision whether to award costs and expenses under this section and the amount of any award—

Any person against whom costs and expenses are awarded under this section must pay them within 28 days of the decision to award them.

Any party to a dispute resolution may appeal against the decision of the disputes panel or District Court resolving the dispute.

The appeal is to—

The appeal must be heard by the court in accordance with the directions made by the court after the appeal has been filed.

The court must hear the appeal by rehearing the dispute.

The appeal must be filed in the appropriate court within 20 working days after the disputes panel has made the decision.

The decision of the court hearing the appeal is final, and there is no further appeal.

In accordance with sections 79 to 86, the High Court must hear and determine the following matters:

In accordance with sections 79 to 86, the District Court must hear and determine the following matters:

In accordance with sections 76 to 83, the Disputes Tribunal established under section 4 of the Disputes Tribunal Act 1988 has jurisdiction to hear and determine applications for orders under section 82(3)(c) to (e).

Every person commits an offence who, without reasonable excuse, contravenes any of sections 12, 18(3), 22(1), 25(1), 32, 33(1), 35, 38(1), 39, or 97(3), or includes any material that is false or misleading in an application for an exemption under section 41 or section 93, and is liable on conviction,—

Every person commits an offence who, without reasonable excuse, contravenes any of sections 17, 19(3), 26(1), 27(1), 28(1), 29, 30(1), 34(2), 59(2), 92(2), or 98(5) and is liable on conviction,—

Every person commits an offence who, without reasonable excuse, contravenes any of sections 13, 16, 26, 70(2), 92(2), 95(2), 96(4), or 98(2) and (3) and is liable on conviction,—

Every auditor of a retirement village commits an offence who fails to comply with any reasonable request made under section 47 by the statutory supervisor, the Registrar, or the Retirement Commissioner and is liable on conviction to a fine not exceeding $10,000.

Every operator of a retirement village commits an offence who fails to comply with any reasonable request made under section 46 and is liable on conviction to a fine not exceeding $10,000.

Every person commits an offence who, without reasonable excuse, contravenes any other provision of this Act and is liable on conviction to a fine not exceeding $5,000.

Proceedings under this section may be commenced at any time within 3 years after the matter giving rise to the contravention arose.

The court may, on the application of the Registrar, a statutory supervisor of a retirement village, or any other person, grant an injunction restraining a person from engaging in conduct that constitutes or would constitute any of the following:

The court may, at any time, rescind or vary an injunction granted under this section.

If an application is made to the court under this section for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the court may,—

An injunction referred to in subsection (3) may be granted whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind.

If an application is made to the court under this section for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the court may,—

To avoid doubt, an injunction referred to in subsection (5) may be granted—

If, on the application of the Registrar, a statutory supervisor of a retirement village, or any other person, the court is satisfied that a person has engaged in conduct constituting a contravention of sections 18(3), 25, or 26, the court may (whether or not that person has previously engaged in that conduct) make either or both of the following orders:

In subsection (1), applicable information is information that is in the possession of the person to whom the order is directed or to which that person has access.

The court may make all or any of the orders referred to in subsection (3) if, in any proceedings under sections 79 to 86 or on the application of a resident, or the statutory supervisor of a retirement village, or the Registrar, the court finds that a person, whether or not that person is a party to the proceedings, has suffered, or is likely to suffer, loss or damage due to the conduct of any other person that constitutes or would constitute—

The court may make all or any of the orders referred to in subsection (3), whether or not it grants an injunction or makes any other order under this Part.

For the purposes of subsection (1), the court may make the following orders:

In the exercise of its jurisdiction under section 82, the District Court must not—

In the exercise of its jurisdiction under section 82, the Disputes Tribunal must not—

Despite subsection (2), if, in respect of any proceedings properly before the Disputes Tribunal, the jurisdiction of the Tribunal has been extended under an agreement made under section 13 of the Disputes Tribunal Act 1988, subsection (2) must be read as if every reference in that subsection to $15,000 were a reference to $20,000.

An application under section 82(1) may be made at any time within 3 years after the date on which the loss or damage, or the likelihood of loss or damage, was discovered or ought reasonably to have been discovered.

An order made under section 82(3)(a) or (b) does not prevent proceedings being instituted or commenced under sections 79 to 86.

Nothing in section 82 or section 83 limits or affects the Illegal Contracts Act 1970.

For the purposes of sections 81 and 82, a reference to court includes a reference to the District Court and also, for the purposes of section 82, the Disputes Tribunal.

Nothing in section 82 or section 83 affects section 317 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

It is a defence to a prosecution for an offence against section 79 if the defendant proves—

For the purposes of subsection (1)(b) and (c), another person does not include—

It is a defence to a prosecution for an offence against section 79 or to any other proceedings under sections 80 to 86, in relation to a contravention of a provision committed by the publication of an advertisement, if the defendant proves—

In any application for an order against a person under section 82, a finding of any fact made in proceedings for an injunction under section 80 or for an order under section 81 or for an offence under section 79 (being proceedings before the High Court or the District Court in which that person was found to have engaged in conduct of the kind referred to in section 82(1)(a) to (e)) is—

There must be a Registrar of Retirement Villages who must be appointed under the State Sector Act 1988 by the chief executive of the department that, with the authority of the Prime Minister, is for the time being responsible for the employment of that Registrar.

The person holding office as Registrar of Companies under the Companies Act 1993 immediately before the commencement of this section is deemed to have been appointed as Registrar of Retirement Villages in accordance with this section.

The Registrar may from time to time, in writing, delegate to any person all or any of the functions, duties, and powers exercisable by the Registrar under this Act, except this power of delegation.

Subject to any general or special directions given or conditions attached at any time by the Registrar, the person to whom any functions, duties, or powers are delegated under this section must perform and may exercise those functions, duties, and powers in the same manner and with the same effect as if they had been conferred on that person directly by this section and not by delegation.

Every person purporting to act under any delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

Any delegation under this section may be made to a specified person or to persons of a specified class, or may be made to the holder or holders for the time being of a specified office or specified classes of offices.

Every delegation under this section is revocable in writing at will, and no such delegation prevents the exercise of any function, duty, or power by the Registrar.

Every delegation under this section, until revoked, continues in force according to its tenor, even if the Registrar by whom it was made has ceased to hold office.

The Minister may approve one of the draft codes of practice submitted to the Minister by any retirement village, group of retirement villages, or association of operators of a retirement village as the code of practice applicable to all retirement villages, after considering any recommendations of the Retirement Commissioner made in accordance with subsection (2).

Before making a recommendation to the Minister for the purposes of subsection (1), the Retirement Commissioner must consider any recommendations by any groups of persons or bodies that, in the opinion of the Retirement Commissioner, represent the interests of—

The Minister is not obliged to approve a draft code of practice submitted under subsection (1) that the Minister considers is incomplete or inappropriate or that fails to comply with the requirements of subsection (5) or Schedule 5.

If no draft code of practice acceptable to the Minister has been submitted under subsection (1) before 1 January 2005, the Minister must prepare, approve, and publish a code of practice after considering any recommendations of—

A draft code of practice submitted under subsection (1) or a code of practice prepared under subsection (4) must—

The Minister must publish in the Gazette notice of—

The code of practice—

An operator of a retirement village may elect to be bound by a code of practice that is not yet in force, by giving notice of that election to—

If an operator elects, under subsection (2), to be bound by a code of practice that is not yet in force,—

The code of practice approved under section 89(1) or (4) may be varied by the Minister after considering any recommendations of—

Any variation by the Minister comes into force on the date stated by the Minister in the document making the variation.

Before making any recommendation under section 89 or section 90(4), the Retirement Commissioner must give public notice of—

The Retirement Commissioner must also ensure that the information required to be given by public notice under subsection (1) can be accessed by the public at a website maintained by the Commissioner.

A code of practice is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

While a code of practice is in force, it—

Nothing in a code of practice applies to any health services or disability services or facilities to which the Code of Health and Disability Services Consumers’ Rights under the Health and Disability Commissioner Act 1994 applies.

The operator of a retirement village must make a copy of the code of practice available to every resident and intending resident on request.

Subsection (2) is subject to section 93.

The Registrar may exempt an operator from complying with any provision of the code of practice if the Registrar is satisfied that the criteria for exemption prescribed under section 105 are met.

An operator applies to the Registrar for an exemption by—

The Registrar may exempt the operator on the terms and conditions, and for any period (not exceeding 2 years), that the Registrar thinks appropriate in the particular circumstances.

The Registrar may revoke an exemption, or vary its terms or conditions, if the Registrar is satisfied that—

The Registrar must give notice of the revocation or variation of an exemption as soon as possible to—

A retirement village must always have a registered office in New Zealand.

The registered office of a retirement village at a particular time is the place that is described as its registered office in the register maintained under Schedule 1 at that time.

The description of the registered office must—

The operators of a retirement village may change the registered office of the retirement village at any time.

Notice in the prescribed form of the change must be given to the Registrar for registration.

The change in the registered office takes effect on a date stated in the notice, not being a date earlier than 5 working days after the notice is registered.

A retirement village’s address for service at any particular time is the address that is described as its address for service in New Zealand in the register maintained under Schedule 1 at that time.

A retirement village’s address for service must not be at a postal centre or document exchange.

The operators of a retirement village may change the address for service of the retirement village at any time.

Notice in the prescribed form of the change must be given to the Registrar for registration.

A change of address for service takes effect on a date stated in the notice, not being a date that is earlier than 5 working days after the notice is registered.

The Registrar or a person authorised by the Registrar may,—

Nothing in this section affects the Tax Administration Act 1994 or the Statistics Act 1975.

A person must not obstruct or hinder the Registrar or a person authorised by the Registrar while exercising a power conferred by subsection (1).

In this section relevant document, in relation to a retirement village, means a document that contains information relating to—

Nothing in this section requires any person to produce a document if that person could refuse to produce that document in proceedings on the grounds of any privilege available in a court of law.

Subsection (2) applies if a person authorised by the Registrar for the purpose of section 97 has—

If this subsection applies, a person must, if directed to do so by the Registrar, give the document, information, or report to—

A person authorised by the Registrar for the purposes of section 97 who has—

must give the document, information, or report to the Registrar when directed to do so by the Registrar.

Subsection (5) applies if a person authorised by the Registrar for the purposes of section 97 has—

A person to whom this subsection applies must not disclose that document, information, or report except—

Sections 364 and 388 to 392 of the Companies Act 1993 (which provide for the method of service to be undertaken by the Registrar) apply, with any necessary modifications, in respect of the service of any document by the Registrar under this Act or any regulations made under this Act.

Sections 368 to 372 of the Companies Act 1993 apply in respect of the disclosure of information or reports referred to in section 97, with any necessary modifications.

If a deed of participation relating to the supervision of a retirement village that was entered into before the commencement of section 38 contains any provision that is inconsistent with this Act, that provision is void.

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

Without limiting the generality of subsection (1)(a), regulations may be made under that provision—

Without limiting the generality of section 101, regulations may be made under that section prescribing—

The Registrar or the Registrar-General of Land may refuse to perform a function or exercise a power until the prescribed fee or amount is paid.

Regulations made under section 101(1)(h) may authorise the Registrar or the Registrar-General of Land to waive, in whole or in part and on any conditions prescribed, payment of any amount referred to in subsection (1)(b).

Any fee or amount payable to the Registrar or the Registrar-General of Land is recoverable in any court of competent jurisdiction as a debt due to the Crown.

The Governor-General may, by Order in Council made on the recommendation of the Minister, declare specified property, buildings, or other premises, or property, buildings, or other premises of a specified class, to be or not to be a retirement village for the purposes of this Act.

The Minister must not recommend the making of any Order in Council under subsection (1) unless, in the opinion of the Minister, the Order in Council is necessary—

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing criteria for the grant of exemptions under section 41 (which relates to the grant of exemptions from the requirement to appoint a statutory supervisor).

The Minister must not recommend the making of any Order in Council under subsection (1) unless, in the opinion of the Minister, the regulations will enable the grant of an exemption from the requirement to appoint a statutory supervisor only in circumstances where the appointment of a statutory supervisor is unnecessary for the protection of residents’ interests or undesirable.

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing criteria for the grant of exemptions under section 93 (which relates to the grant of exemptions from the requirement to comply with a provision or provisions of the code of practice).

The Minister must not recommend the making of an Order in Council under subsection (1) unless, in the opinion of the Minister, the regulations will enable the grant of an exemption from the requirement to comply with a provision or provisions of the code of practice only in circumstances where compliance with the provision or provisions that are the subject of the exemption is unnecessary for the protection of residents’ interests or undesirable.

Any notice under this Act may be given to any person by delivering it to that person either personally or by leaving it at, or sending it to, the person’s last known or usual place of residence or business.

If a notice addressed to a person at the person’s last known or usual place of residence or business is posted, it is deemed, in the absence of evidence to the contrary, to have been received at the time when it would in the ordinary course of post be delivered.

Neither Parts 3 and 4 of the Financial Markets Conduct Act 2013 nor the Residential Tenancies Act 1986—

Subsection (1) does not exempt any person from the application of any provision of Parts 3 and 4 of the Financial Markets Conduct Act 2013—

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).