Retirement Villages (Fees) Amendment Regulations 2011

2011/248

Coat of Arms of New Zealand

Retirement Villages (Fees) Amendment Regulations 2011

Anand Satyanand, Governor-General

Order in Council

At Wellington this 11th day of July 2011

Present:
The Right Hon John Key presiding in Council

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) Amendment Regulations 2011.

2  Commencement

  • These regulations come into force on 11 August 2011.

3  Principal regulations amended
4  Regulations 4 to 7 substituted

  • Regulations 4 to 7 are revoked and the following regulations substituted:

    “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.

    “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
    “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.

    “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).”

 Rebecca Kitteridge,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 11 August 2011, amend the Retirement Villages (Fees) Regulations 2006 (the principal regulations).

These regulations amend the principal regulations to replace the current tiered registration fee structure with a flat fee. They also update the annual return fees and increase the amount recovered by the Registrar of Retirement Villages for the registration, and removal, of a memorial on retirement village titles to match fees payable to the Registrar-General of Land under the Land Transfer Regulations 2002 (as amended by the Land Transfer Amendment Regulations 2011).

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

Date of notification in Gazette: 14 July 2011.

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