Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750920334.pdf (New Zealand)
Reprint as at 1 April 2014 Retirement Villages (General) Regulations 2006 (SR 2006/298) Anand Satyanand, Governor-General Order in Council At Wellington this 25th day of September 2006 Present: His Excellency the Governor-General in Council Pursuant to sections 101 and 104 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.
Contents 1 2 Title Commencement Page 5 5 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.
1 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 Part 1 Preliminary 3 3A Interpretation Provisions affecting application of amendments to these regulations Part 2 Forms to be given to Registrar Forms to be given to Registrar Part 3 Period for certifying registered documents Period for certifying registered documents Part 4 Provisions relating to occupation right agreements Subpart 1—Occupation right agreements Provisions that must be in occupation right agreements General provisions Operator’s obligation to run village properly Operator’s obligation to provide financial statements Operator’s obligations relating to residents’ meetings Operator’s obligation to find new resident for unit vacated Procedure if there ceases to be statutory supervisor Certificates of legal advice on occupation right agreements Certificate of lawyer’s advice on occupation right agreement Subpart 2—Disclosure statements Details of matters required by Act to be in disclosure statements Ownership structure and occupancy rights Resident’s interest in residential unit Management arrangements for retirement village Statutory supervisor State of retirement village Services and facilities at retirement village Charges Maintenance and refurbishment Financial accounts for retirement village Cooling-off period and cancellation of occupation right agreement Varying occupation right agreement Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Termination of occupation right agreement Deductions from payments by and to residents Estimated financial return on disposal of residential unit Exemption from requirement to comply with code of practice Other matters required to be included in disclosure statements Formal matters Responsibilities for insurance Moving into rest home or hospital care institution in retirement
 village Effect of marriage, etc, on occupation right agreement Financial assistance Basis for working out prospective financial information Details relating to certain security interests Other requirements for disclosure statements No statement about entry into occupation right agreement being safe or free from risk Required attachments to disclosure statements Documents to be made available Presentation of disclosure statement and attachments Presentation of disclosure statements and documents Subpart 3—Advertisements Statements about operator’s assets Statements about capital Statements about security of right to occupy unit in retirement village Statements about entry into occupation right agreement being safe or free from risk Prospective financial information Subpart 4—Voidance of occupation right agreements Rate of interest payable if occupation right agreement avoided Part 5 Provisions relating to statutory supervisors Subpart 1—Information and provisions to be included in deeds of supervision 45 Information to be contained in deed 22 23 23 23 23 24 24 25 25 25 26 26 26 27 27 28 28 28 28 29 29 3 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 46 47 48 49 50 51 52 53 54 55 Subpart 2—Provisions to be included in deeds of supervision Provisions mainly about statutory supervisor Provisions containing statutory powers and duties Provisions acknowledging other duties of operator Provisions imposing requirements on operator Provisions limiting operator’s dealings Provisions requiring statutory supervisor’s consent to activities Provisions for statutory supervisor’s stakeholder role Provisions about communications with residents Provisions about supervising termination of occupation right agreements Subpart 3—Exemption from appointing statutory supervisor Criteria for exemption from having to appoint statutory supervisor Subpart 4—Extra duties of statutory supervisors 56 Extra duties of statutory supervisors Part 6 Application, savings,
 and transitional provisions Application, savings, and transitional provisions relating to amendments made to regulations after 1 January 2014 57 Schedule 1AA Application, savings, and transitional provisions relating to amendments made to these regulations after 1 January 2014 Schedule 1 Forms to be given to Registrar Schedule 2 Certificate by lawyer advising intending resident Schedule 3 Form of statement about statutory supervisors Schedule 4 Form of statement of information for intending residents 4 30 30 32 32 33 33 34 34 35 36 36 37 38 40 49 50 51 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 1 r 3A Schedule 5 Form of statement of information about avoiding occupation right agreement Schedule 6 Requirements for financial statements if there are no audited statements 52 54 1 2 3 (1) (2) Regulations Title These regulations are the Retirement Villages (General) Regu- lations 2006.
Commencement These regulations come into force on 1 May 2007.

Part 1 Preliminary Interpretation In these regulations, unless the context otherwise requires, Act means the Retirement Villages Act 2003.

Terms defined in the Act have the same meaning in these regu- lations as they have in the Act, unless the context otherwise requires.
3A Provisions affecting application of amendments to these regulations Schedule 1AA contains application, savings, and transitional provisions (relating to amendments made to these regulations after 1 January 2014) that affect other provisions of the regu- lations (see regulation 57).

Regulation 3A: inserted, on 1 April 2014, by regulation 4 of the Retirement Villages (General) Amendment Regulations 2014 (LI 2014/61).
5 Part 2 r 4 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 Part 2 Forms to be given to Registrar 4 (1) Forms to be given to Registrar The forms identified in the following table are prescribed for the provisions of the Act identified in the table: Form in Schedule 1 Provision(s) of the Act Form 1 Section 10(2) Subject of provision(s) Application for registration of retirement village Form 2 Form 3 Sections 13(2) and 16 Annual village registered documents return for retirement and certification of Section 17(1) and (2)(b) Notification of change of cir- cumstances, etc Form 4 Section 19(1)(a) Form 5 Section 41(2)(a) Form 6 Sections 95(2) and 96(4) Request registration for cancellation of Application for exemption from requirement to appoint statutory supervisor Notice of change of registered office, or address for service, of retirement village (2) If a completed form prescribed by subclause (1) occupies 2 or more pages, each page except the first must be headed with— the name of the retirement village to which the form (a) relates; and the registration number of the village, if it has one.
(b) Part 3 Period for certifying registered documents Period for certifying registered documents The operator of a retirement village must lodge a certificate under section 16 of the Act at the same time as the operator is required to deliver to the Registrar an annual return for the village in accordance with section 13 of the Act.
5 6 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 4 r 8 6 (1) (2) 7 8 Part 4 Provisions relating to occupation right agreements Subpart 1—Occupation right agreements Provisions that must be in occupation right agreements This subpart (except regulation 13) sets out requirements for occupation right agreements (in addition to the requirements set out in Schedule 3 of the Act).

The regulations in this subpart do not limit one another.
General provisions An occupation right agreement must include provisions deal- ing with the following topics: (a) (b) the name and address of the relevant retirement village: the nature of the right to occupy a residential unit in the village: the rights of the resident and the operator to deal with the residential unit (including selling, marketing, grant- ing of a security interest in, borrowing against the resi- dent’s legal interest in, granting a security interest in the termination proceeds of, letting, and permitting others to stay in, the unit): arrangements for managing the village: services and facilities at the village: charges relating to the village and the provision of ser- vices and facilities.
(c) (d) (e) (f) Operator’s obligation to run village properly An occupation right agreement must include a provision re- quiring the operator of the retirement village— (a) to use reasonable care and skill in ensuring that the affairs of the village are conducted properly and effi- ciently; and to keep the village in good condition and order; and to make and adhere to a long-term plan for maintaining and refurbishing the village and its facilities; and (b) (c) 7 Part 4 r 9 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 (d) (e) to insure the village, for its full replacement value, to the satisfaction of the statutory supervisor (if any) of the village; and to use reasonable care and skill in the exercise and per- formance of the operator’s powers, functions, and du- ties.
Operator’s obligation to provide financial statements 9 (1) An occupation right agreement must include a provision re- quiring the operator of the retirement village, on request, to give the resident, free of charge, a copy of the most recent au- dited financial statements prepared by the operator under sec- tion 35B of the Act or under an Act referred to in section 35F of the Act and a copy of the most recent audited financial state- ments prepared by the operator under section 35C of the Act (if any).
The provision described in subclause (1) must survive termin- ation of the occupation right agreement to apply in relation to the former resident until the former resident is refunded the capital sum, less the deductions (if any) the agreement pro- vided for.
(2) (3) An occupation right agreement must include a provision re- quiring the operator of the retirement village— (a) (ii) to prepare, at the start of each accounting period of the operator, a statement forecasting for the period— (i) the operating expenditure relating to the village; and all expenditure relating to the village (including amounts repayable to residents, former residents, and their estates); and all income relating to the village; and the amounts of the operating expenditure that must be met by the residents of the village; and to give a copy of the statement to each resident of the village within 3 months of the start of the accounting period.
(iii) (iv) (b) Regulation 9(1): amended, on 1 April 2014, by regulation 5(1) of the Retirement Villages (General) Amendment Regulations 2014 (LI 2014/61).

8 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 4 r 10 Regulation 9(3)(a): amended, on 1 April 2014, by regulation 5(2) of the Retire- ment Villages (General) Amendment Regulations 2014 (LI 2014/61).
Operator’s obligations relating to residents’ meetings 10 (1) An occupation right agreement must include provisions— (a) (b) (c) requiring the operator of the retirement village to call, in the way described in subclause (2), meetings of the residents of the village to be held in the circumstances and for the purposes described in subclause (3); and requiring the meetings to be chaired by a person— (i) appointed by the statutory supervisor (if any) of the village; or appointed in accordance with the conditions (if any) of an exemption (if any) of the operator from appointing a statutory supervisor; or appointed by the majority of the residents of the village who are at the meeting if an appointment has not been made under subparagraphs (i) or (ii); and (ii) (iii) requiring the operator to give the residents at a meeting, orally or in writing, information that— (i) (ii) relates to the affairs of the village; and has been requested with reasonable notice by a resident of the village.
(2) (3) The way of calling a meeting is to provide written notice of it to each resident of the village in accordance with section 106 of the Act at least 10 working days before the meeting.
The circumstances and purposes of meetings are set out in the following table: Item Circumstances Purpose 1 Within 6 months after the end of an accounting period for which financial statements must be prepared for the oper- ator or the retirement village Considering the financial state- ments 9 Part 4 r 11 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 2 3 There is a statutory supervisor of the village and the meet- ing has been requested by the statutory supervisor or by at least 10% of the residents of the village There is not a statutory super- visor of the village and the meeting has been requested by at least 10% of the residents of the village Giving the statutory supervisor the residents’ opinions or di- rections relating to the exercise of the statutory supervisor’s powers Giving the operator the resi- dents’ opinions or directions Operator’s obligation to find new resident for unit vacated If an occupation right agreement provides for a process involv- ing the operator of the retirement village finding a new resi- dent for the residential unit after it is vacated by the resident covered by the agreement, the agreement must also include provisions requiring the operator— (a) to make all reasonable efforts to find a new resident for the unit; and not to give preference to finding residents for residential units in the village that have not previously been occu- pied by a resident under an occupation right agreement.
(b) Procedure if there ceases to be statutory supervisor An occupation right agreement must include provisions on the procedure to be followed if there ceases to be a statutory super- visor for the retirement village (whether or not there is a statu- tory supervisor for the village when the agreement is made).
Certificates of legal advice on occupation right agreements Certificate of lawyer’s advice on occupation right agreement The form in Schedule 2 is prescribed for the purposes of sec- tion 27(5) of the Act.
11 12 13 10 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 4 r 14 Subpart 2—Disclosure statements Details of matters required by Act to be in disclosure statements 14 (1) (2) Ownership structure and occupancy rights For the purposes of clause 1(a) of Schedule 2 of the Act, this regulation prescribes details relating to the ownership struc- ture of the retirement village and the type of occupancy right or occupancy rights offered within the village.
The details relating to the ownership structure are as follows: the legal nature of each operator of the village: (a) the details specified in the table in subclause (3) for an (b) operator of the village who is not a natural person and is an entity or structure described in the table: the underlying freehold or other tenure interest (if any) in the village that is retained by the operator: the nature and extent of any registered or unregis- tered encumbrances, mortgages, or security interests affecting the interests retained by the operator, and the amounts and maximum amounts of any moneys secured and able to be secured under them: the nature of residents’ tenure interests in the village, including whether those interests are held under separ- ate titles and whether they are secured.
(d) (e) (c) (3) The table is as follows: Item Operator Details 1 2 3 A company that is not a listed company A trust Another ownership struc- ture or entity The directors of the company The nature of the trust (eg, unit trust or charitable trust) and the name of each of the trustees The name of each person who owns or controls the structure or entity (4) The details relating to the type of occupancy right or occu- pancy rights offered within the retirement village are as fol- lows: 11 Part 4 r 15 (a) Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 (ii) (iii) which of the following rights are offered to the intend- ing residents to whom the disclosure statement is given and which are offered to intending residents generally: a contractual licence to occupy that does not grant (i) the resident any interest in land of the residential unit: a company licence to occupy in a flat owning company issued under Part 7A of the Land Trans- fer Act 1952: a freehold unit title issued under the Unit Titles Act 1972: a leasehold unit title issued under the Unit Titles Act 1972: a registered lease: an unregistered lease: (v) (vi) (vii) a registered cross-lease: (viii) a tenancy agreement: freehold title: (ix) another legal ownership structure: (x) (b) what the body corporate committee and management (iv) (c) structure is for the rights (if any) that are unit titles: what the legal ownership structure is for the rights (if any) that are covered by paragraph (a)(x).
Resident’s interest in residential unit For the purposes of clause 1(b) of Schedule 2 of the Act, this regulation prescribes details relating to the type of interest a resident of the retirement village has in his or her residential unit.
The details are as follows: (a) which of the rights described in subclause (3) the resi- dent has: for each right described in subclause (3) that the resident has,— (i) what conditions, if any, there are on the right (for example, consent of the operator of the village); and (b) (ii) what other limits, if any, there are on the right: 15 (1) (2) 12 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 4 r 15 (c) which of the rights described in subclause (3) the resi- dent does not have: (e) (d) whether there are rules applying specifically to the vil- lage that affect the resident in living in or using the unit: what other limits, if any, there are on the resident liv- ing in or using the unit, including limits on the resident making changes to the unit’s decor or fittings: whether the operator of the village controls the sale or marketing of the unit, or has a right to sell or buy the unit, and, if the operator does,— (i) what the procedures and costs to the resident are for the operator selling, marketing, or buying the unit; and (f) (ii) what rights (if any) the resident has if there is a delay in the sale of the unit: (g) the circumstances (if any) in which the resident is en- titled to a refund of a capital sum paid and the way in which the refund is calculated.
(3) The rights are as follows: (a) (b) the right to sell or market the residential unit: the right to mortgage or otherwise borrow against the resident’s interest in the unit: the right to grant a security interest in the termination proceeds: the right to let the unit to another person: the right to have a member of the resident’s family (in- cluding a de facto partner of the resident) stay with the resident in the unit: the right to have a person board with the resident in the unit: the right to have a person stay with the resident in the unit as a companion or carer for the resident: the right to have a person stay in the unit to mind it for the resident while the resident is away: the right to keep a pet in the unit.
(c) (d) (e) (f) (g) (h) (i) 13 Part 4 r 16 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 16 Management arrangements for retirement village (1) For the purposes of clause 1(c) of Schedule 2 of the Act, this regulation prescribes details relating to the management ar- rangements for the retirement village.
The details include the following: (a) (b) whether there is a committee of residents of the village whether there is a manager of the village: (2) (c) and, if there is, its role: if residential units in the village will be held under unit titles, the role of the body corporate (as defined in the Unit Titles Act 1972) for the units.
(e) (a) (b) (c) (d) (3) Also, if there is a manager of the village, the details include— the name and contact details of the manager, including a street address and the number of a telephone with a landline connection; and the key management personnel and staff of the manager; and the times when the manager will be at the village; and the times when the manager will have staff at the vil- lage; and the other times at which the manager may be contacted; and the contact details of the manager and staff (if any) at the village; and the experience and core duties of the manager; and the legal relationship between the manager and the op- erator; and whether there are any ownership links between the man- ager and the operator and what they are (if any); and whether there is a management agreement between the manager and the operator and, if there is,— (i) the term of the agreement; and (ii) what amounts are payable to the manager under (g) (h) (f) (j) (i) the agreement.
Statutory supervisor For the purposes of clause 1(d) and (e) of Schedule 2 of the Act, this regulation prescribes details relating to— 17 (1) 14 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 4 r 18 (2) 18 (1) (2) (a) (b) the identity and role of the statutory supervisor (if any); and any exemption from the requirement to appoint a statu- tory supervisor.
The details are as follows: (a) a statement about statutory supervisors in the form set out in Schedule 3: (b) whether there is a statutory supervisor for the village: (c) the name and contact details for the statutory supervisor (if any) for the village: (e) (d) whether an exemption from the requirement to appoint a statutory supervisor for the village is in force: if there is such an exemption in force,— (i) (ii) (iii) the date of the exemption; and the period of the exemption; and the conditions (if any) to which the exemption is subject.
State of retirement village For the purposes of clause 2(a) of Schedule 2 of the Act, this regulation prescribes details relating to the state of the retire- ment village.
The details are as follows: (a) the age, construction, condition, and state of mainten- ance of the village, including its facilities, paths, drive- ways, roads (if any), grounds, lighting, heating arrange- ments (if any), and security features: (b) whether the village is fully or partially completed or still (c) (d) (e) (f) (g) to be built: if the village is partially completed, the date of comple- tion: the number of residential units in the village that are occupied: the number of units in the village that are unoccupied: the number (which may be zero) of residential units in the village that are still to be completed: the expected completion date of the uncompleted resi- dential units in the village (if any): (h) whether new residential units in the village are planned: 15 Part 4 r 19 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 (i) (j) (k) (ii) (iii) the number, location, size, expected completion date, and effect on existing residents of planned new units in the village (if any): the following information about residential units in the village that were disposed of in the 12 months before the day the disclosure statement was issued: (i) the number (which may be zero) of the units (the occupied units) that had been occupied before their disposal: the time taken to dispose of each of the occupied units, if their number is not zero: the average time taken to dispose of an occupied unit, if the number of units is not zero: the number (which may be zero) of the units (the unoccupied units) that had been unoccupied be- fore their disposal: the time taken to dispose of each of the unoccu- pied units, if the number of units is not zero: the average time taken to dispose of an unoccu- pied unit, if the number of units is not zero: if, in the village, 2 or more of the kinds of dwelling mentioned in the definition of residential unit in the Act exist or are planned, a breakdown of the information described in paragraphs (d), (e), (f), (g), (i), and (j) by each of those kinds.
(vi) (iv) (v) Services and facilities at retirement village For the purposes of clause 2(b) of Schedule 2 of the Act, this regulation prescribes details relating to— (a) the services and facilities offered at the retirement vil- lage; and new services or facilities planned and the location, size, and effect on residents of those new services or facil- ities.
(b) The details are as follows: (a) for each of the services described in subclause (3), whether the service is available and, if it is, its nature, extent, and frequency: 19 (1) (2) 16 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 4 r 19 (3) (4) (b) (c) for each of the facilities described in subclause (4), whether the facility is available and, if it is, the limits (if any) on its availability to residents: if facilities described in subclause (4)(l) are available, the nature of the facilities: (d) what currently unavailable services and facilities it is planned to make available (if any), when it is planned that each of them will be available, and what the ef- fect of each of them becoming available will be for resi- dents.
The services are as follows: (a) (b) (c) (d) (e) (f) (g) gardening: lawnmowing: repair and maintenance: nursing and medical services: provision of meals: shops and other services for the provision of goods: laundry services (other than the provision of facilities for residents to do their own laundry): hairdressing and other personal care services: (h) transport services: (i) recreation and entertainment services: (j) security services: (k) (l) other services.
The facilities are as follows: dining facilities: (a) lounge or television room: (b) laundry: (c) gymnasium: (d) spa pool: (e) health clinic: (f) swimming pool: (g) tennis court: (h) pétanque court: (i) bowling green: (j) library: (k) other facilities.

(l) 17 Part 4 r 20 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 20 (1) (2) Charges For the purposes of clause 2(c) of Schedule 2 of the Act, this regulation prescribes details relating to charges.
The details are as follows: (a) the charge, or basis for charging, for each of the services and facilities available: (b) whether an amount must be paid to secure an interest in a residential unit in the retirement village and, if it must,— (i) what the amount is for each unit the intending resident is considering securing an interest in; and an itemised breakdown of that amount; and if any amount is refundable, the circumstances in which a refund will be made and the amount of the refund: (ii) (iii) (c) whether there is a charge for permanently leaving a resi- dential unit in the village for any reason (for example, death, termination of an occupation right agreement, moving to another unit in the village, or leaving the vil- lage) and, if there is, what the amount of the charge is: (d) whether there is a charge for moving from one residen- tial unit in the village to another unit in the village and, if there is, what the amount of the charge is: whether there are periodical charges payable by a resi- dent to the operator and, if there are,— (i) (e) what the amount of each charge is and what it covers; and the extent to which the charges paid are kept by the operator for services provided and the ex- tent to which the operator pays them to a related party; and (ii) (iii) whether any new or changed charges are antici- pated and, if they are, what they will be or how they will be worked out; and (iv) whether a resident of a residential unit must con- tinue to pay the charges after vacating the unit and, if the resident must, for what period: 18 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 4 r 21 (f) (g) (h) (i) whether amounts are payable by residents for mainten- ance, rates, and insurance and, if they are, what each amount is and what it covers: if there is a maintenance or sinking fund for repairs, maintenance, refurbishment, and capital replacement works associated with the village, whether amounts may be payable by residents in connection with ex- penditure from the fund:
 if the intending resident is considering acquiring a unit title interest in a residential unit, whether amounts are charged by the body corporate (as defined in the Unit Titles Act 1972) for the unit and, if they are, what each amount is and what it covers: for each amount described in paragraph (b)(i), (c), (d), (e)(i), (f), (g), or (h),— (i) how the amount is worked out (including what the roles of the operator and the intending resi- dent are in working out the amount, what the effect of any policies for increasing the amount is, and what the relationship between the amount and the costs involved is); and (ii) what the arrangements for billing for the amount are (including the frequency of billing, if rele- vant).
(2) 21 Maintenance and refurbishment (1) For the purposes of clause 2(d) of Schedule 2 of the Act, this regulation prescribes details relating to provision made for maintenance and refurbishment at the retirement village.
The details are as follows: (a) what maintenance the operator of the village is respon- sible for: (b) what maintenance the resident of a residential unit in (c) the village is responsible for: whether there is a maintenance or sinking fund for re- pairs, maintenance, refurbishment, and capital replace- ment works associated with the village (including its fa- cilities) and, if there is,— 19 Part 4 r 22 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 (i) what the balance of the fund is at the date of issue of the disclosure statement; and (ii) what expenditure is planned from the fund; and the purposes for which expenditure from the fund (iii) may be incurred and whether they include refur- bishment of a residential unit vacated because the relevant occupation right agreement is termin- ated; and (iv) what consultation of residents of the village is undertaken before decisions are made on major expenditures from the fund; and (v) whether a resident who disposes of his or her residential unit is entitled to a payment, refund, or credit from the fund and, if the resident is, how the amount of the payment is worked out.
Financial accounts for retirement village For the purposes of clause 2(e) of Schedule 2 of the Act, this regulation prescribes details relating to the preparation, audit- ing, and disclosure of financial accounts for the retirement vil- lage.
The details are as follows: (a) whether the Act or an Act referred to in section 35F of the Act requires the operator of the village to prepare— only financial statements relating to the operator; (i) or separate financial statements for both the oper- ator and the village: (ii) (b) what the process is for preparing, auditing, and disclos- ing financial statements that the Act or an Act referred to in section 35F of the Act requires the operator to pre- pare: the basis on which those statements are available to a resident of the village: (c) (d) whether accounts or financial statements (other than those required by the Act or an Act referred to in section 35F of the Act) are prepared in relation to the operation of the village and charges to residents of the village and, if they are,— 22 (1) (2) 20 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 4 r 23 (i) what the accounts or financial statements cover; and (ii) how they are dealt with; and (iii) whether they are audited; and (iv) whether they are available to residents of the vil- lage: (e) whether accounts are prepared for the manager of the village separately from those the Act or an Act referred to in section 35F of the Act requires the operator to prepare and, if they are, whether they are available to residents of the village on request: whether the audited financial statements attached to the disclosure statement consist only of financial statements relating to the operator or consist of financial statements for the operator and financial statements of the village.
Regulation 22(2)(a): amended, on 1 April 2014, by regulation 6(1) of the Re- tirement Villages (General) Amendment Regulations 2014 (LI 2014/61).

(f) Regulation 22(2)(b): amended, on 1 April 2014, by regulation 6(1) of the Re- tirement Villages (General) Amendment Regulations 2014 (LI 2014/61).

Regulation 22(2)(d): amended, on 1 April 2014, by regulation 6(1) of the Re- tirement Villages (General) Amendment Regulations 2014 (LI 2014/61).
Regulation 22(2)(e): amended, on 1 April 2014, by regulation 6(1) of the Re- tirement Villages (General) Amendment Regulations 2014 (LI 2014/61).

Regulation 22(2)(f): replaced, on 1 April 2014, by regulation 6(2) of the Re- tirement Villages (General) Amendment Regulations 2014 (LI 2014/61).
23 (1) (2) Cooling-off period and cancellation of occupation right agreement For the purposes of clause 3(a) of Schedule 2 of the Act, this regulation prescribes details relating to— (a) the cooling-off period and the right to cancel for delay provided by section 28 of the Act; and any additional cooling-off period or right to cancel for delay given by the occupation right agreement.
(b) The details are as follows: (a) the full text of section 28 of the Act and of the defini- tions in that Act of terms used in that section: (b) whether the occupation right agreement to which the disclosure statement relates contains a cancellation pro- vision of the kind described in section 28(5) of the Act 21 Part 4 r 24 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 but with an effect different from section 28(1) of the Act and, if the agreement does,— (i) what is the applicable period for cancelling with- out having to give a reason; and if relevant, what is the period after which the agreement may be cancelled if the residential unit is not finished to the point of practical completion within the period.
(ii) Varying occupation right agreement A disclosure statement must contain details relating to whether the operator or a resident of a retirement village can vary an occupation right agreement and, if so, in what circumstances as set out in clause 3(b) of Schedule 2 of the Act.

Termination of occupation right agreement For the purposes of clause 3(c) of Schedule 2 of the Act, this regulation prescribes details relating to the arrangements for termination of an occupation right agreement.
The details are as follows: (a) the effect of the termination on the persons (if any) liv- ing with the resident immediately before the termin- ation: (b) whether any charges continue to be payable by the for- mer resident after the termination and, if they do,— whether each charge is periodical or not; and (i) how the amount of each charge is worked out; (ii) and the period for which each periodical charge con- tinues to be payable: (iii) the application of any maintenance or sinking fund con- tributions paid by or allocated to the former resident: the extent to which the former resident is exposed to a capital gain or capital loss arising as a result of the termination: the process to be followed in finding a new resident for the vacated residential unit: the process for determining the sum or sums to be paid by the new resident for the right to occupy the vacated (c) (d) (e) (f) 24 25 (1) (2) 22 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 4 r 29 26 27 28 (1) (2) unit and the entitlements of any resident, former resi- dent, or the estate of a former resident in relation to that sum or sums.
Deductions from payments by and to residents The details about deductions from payments made by or due to residents are the prescribed details and are set out in clause 3(d) of Schedule 2 of the Act.
Estimated financial return on disposal of residential unit The details about the estimated financial return that a resident, former resident, or the estate of a former resident could expect to receive on the sale or other disposal of a vacant residen- tial unit at intervals of 2 years, 5 years, and 10 years after the resident enters into an occupation right agreement are the pre- scribed details and are set out in clause 3(e) of Schedule 2 of the Act.
Exemption from requirement to comply with code of practice For the purposes of clause 4(b) of Schedule 2 of the Act, this regulation prescribes details of any exemption from the re- quirement to comply with a provision or provisions of the code of practice.

The details are as follows: (a) the provision or provisions to which the exemption re- lates; and the duration of the exemption; and the conditions (if any) to which the exemption is sub- ject.
(b) (c) Other matters required to be included in disclosure statements Formal matters 29 (1) A disclosure statement must include— (a) (b) a statement of the date on which it is registered; and a table of contents with page numbers; and 23 Part 4 r 30 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 (c) (d) (e) (f) (g) the introductory statement of information for intending residents set out in Schedule 4; and the name of the retirement village; and each of the following addresses of the village: address of the registered office: (i) address for service: (ii) (iii) street address; and the following details of each operator of the village: (i) (ii) (iii) (iv) (v) name: address of the registered office (if any): street address: contact details: the name, designation, and contact details of a natural person who is an agent of the operator, if the operator is not a natural person; and the statement set out in Schedule 5 about avoiding an occupation right agreement.
The matters in a disclosure statement must be expressed in a clear and unambiguous form.

Responsibilities for insurance A disclosure statement must include an explanation of— (a) what insurance cover for the retirement village the op- erator is to obtain or has obtained; and (b) what risks relating to the residential unit the resident is to be responsible for.
(2) 30 31 Moving into rest home or hospital care institution in (1) retirement village If a retirement village shares premises with a rest home or hos- pital care institution, a disclosure statement for an occupation right agreement relating to the village must include— (a) a statement indicating whether the agreement also al- lows the resident to leave the residential unit and receive either rest home care in the rest home or hospital care in the hospital care institution; and if the agreement allows that, an explanation of the terms on which that is allowed.
(b) (2) 24 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 4 r 34 In this regulation,— hospital care has the meaning given by section 4 of the Health and Disability Services (Safety) Act 2001 rest home care has the meaning given by section 4 of the Health and Disability Services (Safety) Act 2001.
Effect of marriage, etc, on occupation right agreement A disclosure statement must include an explanation of the ef- fect (if any) on the occupation right agreement of a person mar- rying, or entering into a civil union with, the resident after the agreement is made (whether or not the resident was in another marriage or civil union when the agreement was made).
Financial assistance This regulation applies if— (a) (b) an intending resident is given a disclosure statement re- lating to a retirement village; and in the 6 months before the disclosure statement is given, an advertisement was published to the public, a section of the public including the intending resident, or the intending resident; and the advertisement indicated that residents of the village could receive financial assistance from any person in connection with being residents of the village.
The disclosure statement must include an explanation of the nature of the financial assistance and the terms on which resi- dents may receive the assistance.

(c) Basis for working out prospective financial information This regulation applies if a disclosure statement includes pro- spective financial information (within the meaning given by generally accepted accounting practice) that is personal to the intending resident.
The statement must also include the principal assumptions and methods used in working out the information.
25 32 33 (1) (2) 34 (1) (2) Part 4 r 35 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 35 36 37 (1) Details relating to certain security interests If the holder of a security interest to whom section 12(1)(b) of the Act applies has refused to consent to the registration of a retirement village, a disclosure statement relating to the village must include— (a) (b) (c) the name and address of the holder; and a description of the nature of the interest; and details of the amounts secured by the interest.
Other requirements for disclosure statements No statement about entry into occupation right agreement being safe or free from risk A disclosure statement must not contain a statement to the ef- fect that entering into an occupation right agreement relating to a retirement village is safe or free from risk.
Required attachments to disclosure statements Documents to be made available The following must be made available to the resident or his or her personal representative: (a) the most recent audited financial statements prepared by the operator under section 35B of the Act or under an Act referred to in section 35F of the Act; and if section 35C of the Act applies, a copy of the most recent audited financial statements prepared by the op- erator under that section.
(b) (3) (2) However, if there are no audited financial statements relating to the operator and a period during which the operator carried on the business of the village, financial statements that meet the requirements in Schedule 6 must be made available.

The certificate and financial statements must not contain any information that is likely to deceive or mislead.
The following must also be made available: (a) a copy of the rules (if any) that apply specifically to the village and affect a resident in living in or using a residential unit in the village; and (4) 26 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 4 r 39 (b) (c) a copy of the agreement (if any) between the operator of the village and the manager (if any) of the village for the management of the village; and a copy of the deed of supervision (if any) between the operator of the village and the statutory supervisor.
Regulation 37(1): replaced, on 1 April 2014, by regulation 7 of the Retirement Villages (General) Amendment Regulations 2014 (LI 2014/61).
Presentation of disclosure statement and attachments 38 Presentation of disclosure statements and documents (1) A disclosure statement and each document to be made avail- able under regulation 37 must— (a) be legibly printed or typewritten and in a large font on white or light-coloured A4 paper of medium weight and good quality; and be securely fastened together; and have sequentially numbered pages.
(b) (c) Information that is included in a disclosure statement is limited to matters required to be included by the Act, regulations made under the Act, or a code of practice.

(2) Subpart 3—Advertisements Statements about operator’s assets 39 (1) An advertisement must not state the amount of assets, or net assets, of 1 or more persons.
(2) However, the advertisement may state the amount shown as the amount of the total assets, or net assets, of the operator of the retirement village in the most recent audited statement of the operator’s financial position dated within 18 months of the distribution of the advertisement, if the advertisement states the date as the date at which the amount was worked out.
If the advertisement states the amount of the total assets of the operator, the advertisement must also state with equal promi- nence the amount of the operator’s total liabilities shown in the statement of financial position.
(3) 27 Part 4 r 40 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 Statements about capital 40 (1) An advertisement must not state the amount of the author- ised capital or issued capital of a company registered under the Companies Act 1993 unless— (a) (b) that amount is described as such; and the advertisement also states with equal prominence, and describes as such, the amount of the capital of the company that is credited as paid up.
(2) An advertisement must not state the number of shares issued by another body corporate unless the advertisement also states the amount credited as paid up for the shares.

41 42 Statements about security of right to occupy unit in retirement village An advertisement must not refer to a right to occupy a residen- tial unit in a retirement village without also stating— (a) (b) that the right is unsecured; or the nature and ranking in point of security of the right.
Statements about entry into occupation right agreement being safe or free from risk An advertisement must not contain a statement to the effect that entering into an occupation right agreement relating to a retirement village is safe or free from risk.
Prospective financial information 43 (1) An advertisement (except a disclosure statement) must not contain prospective financial information unless the advertise- ment refers to the relevant disclosure statement and either— the information is also contained in the disclosure state- (a) ment; or the information is personal to the person to whom the advertisement is distributed and the principal assump- tions and methods used in working out the information are set out in the disclosure statement.
(b) In this regulation, prospective financial information has the meaning given to it under generally accepted accounting prac- tice.

(2) 28 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 5 r 45 44 45 Subpart 4—Voidance of occupation right agreements Rate of interest payable if occupation right agreement avoided For the purposes of section 31(2)(b) of the Act, the rate of interest is the same as the prescribed rate as defined in section 87(3) of the Judicature Act 1908.
Part 5 Provisions relating to statutory supervisors Subpart 1—Information and provisions to be included in deeds of supervision Information to be contained in deed A deed of supervision relating to a statutory supervisor of a retirement village must include all the following information: (a) (b) (c) the identity of the operator of the village: the identity of the statutory supervisor: a description of the village and the residential units, ser- vices, and facilities, at the village: a description of the liabilities of the operator of the vil- lage: an indication whether the village is complete and of the operator’s plans (if any) for altering or developing the village: a description of the ownership structure of the village: a description of rights to occupy residential units at the village, including their number and a description of— the general terms on which the operator will offer (i) such rights; and (ii) the residents who may have such rights; and (iii) whether and how 2 or more persons may hold (d) (e) (f) (g) (iv) (v) such a right; and the possibility of securing borrowings against the rights; and the circumstances and manner in which the rights may be terminated or transmitted or an occupa- tion rights agreement replaced by a new one; and 29 Part 5 r 46 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 (vi) amounts that become payable on the termination or transmission of such a right: (h) (i) a description of the liabilities (if any) of residents of the village arising from the insolvency of the operator or village, or the winding up of the operator or village: a description of the following matters relating to meet- ings of residents of the village (other than meetings covered by regulation 53): (i) (ii) the frequency of meetings: the procedure for convening and holding meet- ings: the business to be conducted at meetings: the voting rights of residents.
(iii) (iv) Subpart 2—Provisions to be included in deeds of supervision 46 Provisions mainly about statutory supervisor A deed of supervision relating to the statutory supervisor of a retirement village must include provisions that do the follow- ing: (a) (b) set the statutory supervisor’s remuneration and costs: deal with matters relating to the termination of the statu- tory supervisor’s appointment and an election not to re- new the appointment.
Provisions containing statutory powers and duties 47 (1) A deed of supervision relating to the statutory supervisor of a retirement village must contain provisions setting out the statutory supervisor’s obligations under the Act, including, but not limited to, the following provisions: (a) section 24 (receiver, liquidator, and statutory manager must ask statutory supervisor to represent residents): section 33(2)(b) (resident entitled to bring an allegation of breach of a right referred to in the code of residents’ rights to the attention of the statutory supervisor): section 34(2) (operator must notify statutory supervisor of certain matters relating to occupancy rights): (b) (c) 30 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 5 r 47 (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) section 39 (registrar’s consent required for termination or non-renewal of appointment): section 40 (operator must not indemnify or exempt statutory supervisor from liability): section 42 (duties of statutory supervisor): section 43 (powers of statutory supervisor): section 44 (public statement by statutory supervisor): section 46 (statutory supervisor may require informa- tion): section 47 (auditor must answer questions and supply information): section 55 (operator must notify statutory supervisor of certain disputes): section 92 (status of code of practice): section 97 (registrar’s powers of inspection): section 98 (disclosure of information and reports): Schedule 4, clause 4 (resident’s right to complain to the operator and to receive a response within a reasonable time).
(2) A deed of supervision relating to the statutory supervisor of a retirement village must include provisions setting out the operator’s financial reporting obligations under the Retirement Villages Act 2003.
(3) A deed of supervision relating to the statutory supervisor of a retirement village must contain a provision stating that— (a) (b) the statutory supervisor must exercise reasonable care and skill to ascertain whether the financial position of the retirement village, the security interests of the resi- dents, and the management of the retirement village are adequate; and if a statutory supervisor believes that they are inad- equate, the statutory supervisor must do everything that he or she is empowered to do under section 43 of the Act unless he or she is satisfied that the inadequacy does not materially prejudice the interests of the residents of the village.
Regulation 47(2): amended, on 1 April 2014, by regulation 8 of the Retirement Villages (General) Amendment Regulations 2014 (LI 2014/61).
31 Part 5 r 48 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 Provisions acknowledging other duties of operator A deed of supervision relating to the statutory supervisor of a retirement village must include provisions acknowledging the duties of the operator of the village, under occupation right agreements relating to the village,— (a) (b) to keep the village in good condition and order; and to make and adhere to a long-term plan for maintaining and refurbishing the village and its facilities; and to insure the village, for its full replacement value, to the satisfaction of the statutory supervisor of the village.
(c) Provisions imposing requirements on operator A deed of supervision relating to the statutory supervisor of a retirement village must include provisions requiring the oper- ator of the village— (a) to use reasonable care and skill in ensuring that the affairs of the village are conducted properly and effi- ciently; and to use reasonable care and skill in the exercise and per- formance of the operator’s powers, functions, and du- ties; and to account properly for all money received by the oper- ator; and to keep with 1 or more financial institutions accounts in the name of the village; and to pay into any such account money received by the operator in connection with the village; and to give the statutory supervisor specified information (including financial information) relating to the village in a specified form at specified times without a request from the statutory supervisor; and to accept the statutory supervisor as a representative of the interests of the residents of the village in any matter relating to the village; and to comply with the operator’s obligations under the Act, regulations made under the Act, and the code of prac- tice.
(b) (c) (d) (e) (f) (g) (h) 48 49 32 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 5 r 51 Provisions limiting operator’s dealings 50 (1) A deed of supervision relating to the statutory supervisor of a retirement village must include provisions setting out the terms on which the operator of the village is to do the follow- ing: (a) advertise rights to occupy a residential unit in the vil- lage: delegate the operator’s powers and functions: (b) (c) make a distribution to a person if the person and the (d) (e) (f) (g) (h) (i) (j) (k) operator are associated persons: engage in a transaction with a person if the person and the operator are associated persons: engage staff: engage, pay, and remove a manager for the village: set and change fees and charges for residents and in- tending residents: borrow: give guarantees: give a security interest relating to the village: dispose of the village or part of it (except residential units in the village): alter the effective control of the village: (l) (m) wind up the village: (n) In this regulation, associated persons has the meaning given by section OD 8(1) of the Income Tax Act 2004. develop or redevelop the village.
Provisions requiring statutory supervisor’s consent to activities A deed of supervision relating to the statutory supervisor of a retirement village must include provisions that do all of the following: (a) require the operator not to undertake or permit any of the following activities without the statutory super- visor’s consent: (i) (ii) activities described in regulation 50(1)(i) to (n): specified activities relating to the operation, own- ership, or control of the village; and 33 (2) 51 Part 5 r 52 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 (b) (c) require the statutory supervisor not to withhold ap- proval unreasonably; and indicate the kind of conditions (if any) to which the statutory supervisor’s approval may be subject.
52 Provisions for statutory supervisor’s stakeholder role A deed of supervision relating to the statutory supervisor of a retirement village must include provisions for— (a) (b) (c) the manner in which payments of capital sums, and pay- ments described in section 42(a) of the Act, are to be handled; and the manner in which records of that handling and of related matters (such as interest on the payments and the payers’ tax file numbers) are to be kept; and the process for refunding to a former resident payments made in relation to the occupation right agreement that was— (i) cancelled as described in section 28 of the Act; or avoided under section 31 of the Act (whether or not the operator disputes the avoidance, either by giving a dispute notice as described in that section or otherwise); or terminated in accordance with the agreement.
(ii) (iii) Provisions about communications with residents 53 (1) A deed of supervision relating to the statutory supervisor of a retirement village must include provisions that do all of the following: (a) entitle the statutory supervisor to receive every commu- nication from the operator relating to the village that a resident of the village is entitled to receive: permit the statutory supervisor, or a person authorised by the statutory supervisor, to attend a meeting of the residents of the village and to be heard in any discus- sion at the meeting of a matter concerning the statutory supervisor or the residents: permit the statutory supervisor to call a meeting of the residents of the village— (b) (c) 34 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 5 r 54 (i) (ii) (iii) on the statutory supervisor’s own initiative or at the request of the operator; and in the way described in subclause (2); and for the purpose of the residents giving the statu- tory supervisor their opinions or directions relat- ing to the exercise of the statutory supervisor’s powers: require the statutory supervisor to call a meeting of the residents of the village— (i) (ii) (iii) at the request of at least 10% of the residents; and in the way described in subclause (2); and for the purpose of the residents giving the statu- tory supervisor their opinions or directions relat- ing to the exercise of the statutory supervisor’s powers: require a meeting of the residents of the village called by the statutory supervisor to be chaired by a person appointed by— (i) (ii) the statutory supervisor; or if the statutory supervisor does not appoint a chair, the majority of the residents of the village who are at the meeting.
(d) (e) The way of calling a meeting is to provide written notice of it to each resident of the village in accordance with section 106 of the Act at least 10 working days before the meeting.
Provisions about supervising termination of occupation right agreements A deed of supervision relating to the statutory supervisor of a retirement village must include provisions that— (a) specify arrangements for the statutory supervisor’s supervision of the process to be followed before the termination of an occupation right agreement by the operator of the village; and require the operator of the village, before terminating an occupation right agreement, to give the statutory super- visor enough information to satisfy the supervisor that the termination will be done in accordance with the agreement and the deed of supervision.
(b) 35 (2) 54 Part 5 r 55 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 Subpart 3—Exemption from appointing statutory supervisor Criteria for exemption from having to appoint statutory supervisor The criteria that the Registrar must consider when deciding whether to grant an exemption under section 41 of the Act from the requirement for the operator of a retirement village to appoint a statutory supervisor are— (a) (b) (c) (d) (e) (f) in the case of an application in respect of a village in operation, that there are no current or reasonably fore- seeable risks to the interests of the residents: in the case of an application in respect of a village that is not yet in operation, that the intended manner of cre- ation and operation of the village will not create any reasonably foreseeable risk to the interests of the resi- dents: in respect of any village, that the interests of the resi- dents are not and will not be subject to risk from any debt or other financial liability of the village or operator to any other person: in respect of any village that has residents at the time of application, that all residents have been notified of the application for exemption and whether any resident has advised the Registrar of any real, current, or reasonably foreseeable risk to their interests: in respect of any village that has residents at the time of application, the nature and extent of the control held by residents of the management of the village: in respect of any village, that it is otherwise undesirable to appoint a statutory supervisor because the interests of the residents would or might be detrimentally affected by the appointment of a statutory supervisor without an equivalent or greater benefit from such appointment.
Subpart 4—Extra duties of statutory supervisors Extra duties of statutory supervisors A statutory supervisor of a retirement village must— 55 56 36 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Part 6 r 57 (a) (b) supervise the process to be followed before the termin- ation of an occupation right agreement by the operator of the village; and accept a request under section 24 of the Act (receiver, liquidator, and statutory manager must ask statutory supervisor to represent residents).
Part 6 Application, savings, and transitional provisions Part 6: inserted, on 1 April 2014, by regulation 9 of the Retirement Villages (General) Amendment Regulations 2014 (LI 2014/61).

57 Application, savings, and transitional provisions relating to amendments made to regulations after 1 January 2014 The application, savings, and transitional provisions set out in Schedule 1AA have effect for the purposes of these regula- tions.
Regulation 57: inserted, on 1 April 2014, by regulation 9 of the Retirement Villages (General) Amendment Regulations 2014 (LI 2014/61).

37 Schedule 1AA Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 Schedule 1AA Application, savings, and transitional provisions relating to amendments made to these regulations after 1 January 2014 rr 3A, 57 Schedule 1AA: inserted, on 1 April 2014, by regulation 10 of the Retirement Villages (General) Amendment Regulations 2014 (LI 2014/61).
Transitional provisions relating to Retirement Villages (General) Amendment Regulations 2014 Interpretation In clauses 2 and 3,— amendment Act means the Financial Reporting (Amend- ments to Other Enactments) Act 2013 amendment regulations means the Retirement Villages (General) Amendment Regulations 2014 relevant date means the date on which the financial statements are first prepared under section 35B of the Retirement Villages Act 2003 or under an Act referred to in section 35F of that Act.
Transitional provision relating to regulation 9 (Operator’s obligation to provide financial statements) Regulation 9, as amended by regulation 5 of the amendment regulations, applies in relation to an occupation right agree- ment entered into on or after 1 April 2014.
In addition, every occupation agreement that an operator en- ters into during the period starting on 1 April 2014 and ending on the relevant date must also include a provision that requires the operator, on request, to give the resident, free of charge, a copy of the audited financial statements for that accounting period delivered by the operator under section 18 of the Finan- cial Reporting Act 1993.
Transitional provision relating to regulation 37 (Documents to be made available) Regulation 37, as amended by regulation 7 of the amendment regulations, applies in relation to every disclosure statement 1 2 (1) (2) 3 (1) 38 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Schedule 1AA made available to an intending resident on or after 1 April 2014.
(2) However, regulation 37, as in force before 1 April 2014, con- tinues to apply in relation to every disclosure statement that an operator provides during the period starting on 1 April 2014 and ending on the relevant date.

39 Schedule 1 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 Schedule 1 Forms to be given to Registrar Form 1 Application for registration of retirement village Section 10(2), Retirement Villages Act 2003 r 4(1) Village Name of village: [insert name].
Street address of village: [insert street address].

Address of registered office of village: [insert address, which must be a physical address in New Zealand and must not be a post office box or private bag address].

Address for service of village: [insert address, which must be a phys- ical address in New Zealand and must not be a post office box or pri- vate bag address].

Postal address of village: [insert postal address].

Email address for village: [insert email address].


Telephone number for village: [insert telephone number].

Fax number for village (optional): [insert fax number, if desired].

The village comprises: [insert a full legal description of the part of the property, building, or premises comprising the retirement village, including references to all relevant computer registers and all rele- vant certificates of title (if any)].
The details of each holder of a security interest relating to the village are as follows: [insert name and address of each holder].

Operator Name of operator: [insert name of each operator of the village].

Company or other registration number (if any): [insert registration number for each operator of the village].

Nature of operator: [describe the nature of each operator of the vil- lage, eg, company, natural person].
Address of registered office of operator: [for each operator of the village, insert address, which must be a physical address in New Zealand and must not be a post office box or private bag address].

40 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Schedule 1 Form 1—continued Address for service of operator: [for each operator of the village, insert address, which must be a physical address in New Zealand and must not be a post office box or private bag address].
Postal address of operator to which communications from the Regis- trar may be sent: [insert address for each operator of the village].

Email address of operator: [insert email address for each operator of the village].

Telephone number of operator: [insert telephone number for each operator of the village].

Fax number of operator (optional): [insert fax number for each op- erator of the village, if desired].

Dated: [insert date].

Signed: [insert signature for each operator of the village].
Name of operator: [insert name of each operator of the village].

Person completing form Name of person completing form: [insert name].

Address of person completing form: [insert address].

Email address of person completing form: [insert email address].

Telephone number of person completing form: number].

Fax number of person completing form (optional): [insert fax num- ber, if desired].

This form must be accompanied by all the things described in sec- tion 10(2) of the Retirement Villages Act 2003.
[insert telephone 41 Schedule 1 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 Form 2 Annual return and certificate of registered documents Sections 13(2) and 16, Retirement Villages Act 2003 Village Name of village: [insert name].

Registration number of village: [insert registration number].

Street address of village: [insert street address].
Address of registered office of village: [insert address, which must be a physical address in New Zealand and must not be a post office box or private bag address].

Address for service of village: [insert address, which must be a phys- ical address in New Zealand and must not be a post office box or pri- vate bag address].

Postal address of village: [insert postal address].

Email address for village: [insert email address].

Telephone number for village: [insert telephone number].
Fax number for village (optional): [insert fax number, if desired].

Operator Name of operator: [insert name of each operator of the village].

Company or other registration number (if any): [insert registration number for each operator of the village].

Nature of operator: [describe the nature of each operator of the vil- lage, eg, company, natural person].
Address of registered office of operator: [for each operator of the village, insert address, which must be a physical address in New Zealand and must not be a post office box or private bag address].

Address for service of operator: [for each operator of the village, insert address, which must be a physical address in New Zealand and must not be a post office box or private bag address].
Postal address of operator to which communications from the Regis- trar may be sent: [insert address for each operator of the village].

Email address of operator: [insert email address for each operator of the village].

42 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Schedule 1 Form 2—continued Telephone number of operator: [insert telephone number for each operator of the village].
Fax number of operator (optional): [insert fax number for each op- erator of the village, if desired].

Certificate of registered documents This is to confirm that each registered document for [insert name of the village] is correct, current, and not likely to mislead or deceive any resident, intending resident, or the public.

Date and signature Dated: [insert date].

Signed: [insert signature for each operator of the village].

Name of operator: [insert name of each operator of the village].
Person completing form Name of person completing form: [insert name].

Address of person completing form: [insert address].

Email address of person completing form: [insert email address].

Telephone number of person completing form: number].

Fax number of person completing form (optional): [insert fax num- ber, if desired].

This form must be accompanied by all of the things required by sec- tion 13(3)(b) to (d) of the Retirement Villages Act 2003.
[insert telephone 43 Schedule 1 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 Form 3 Change of circumstances Section 17(1) and (2)(b), Retirement Villages Act 2003 Village Name of village: [insert name].

Registration number of village: [insert registration number].
This is to advise the Registrar of the following †change/changes in circumstances for this retirement village: *(a) a material change to any of the registered documents: [list document(s) and describe the change(s)] a material change to the information contained in any regis- tered document: [list document(s) and describe the change(s)] a change of circumstances that makes any registered document likely to be misleading or deceptive to any resident, any in- tending resident, or the public: [list document(s) and describe the change(s)] a change— *(i) of any operator of the retirement village (whether as a result of the sale or other disposal of the retirement village or otherwise): [list details of change] *(b) *(c) *(d) *(ii) of the controlling interests in any operator of the retire- ment village (whether as a result of the sale of shares in the operator or otherwise): [list details of change] *(iii) to the name or address of any operator of the retirement village: [list details of change].
The date of each change †is/was: [insert date of each change].

*The †change affects/changes affect the description of the village mentioned in section 10(2)(b) of the Retirement Villages Act 2003 as follows: [describe the change(s) in terms of which computer regis- ters and certificates of title become or cease to be relevant to the description].
*The †change involves/changes involve a person holding a security interest as follows: [list the names and addresses of each person involved, and describe how each person is involved (eg, by starting or ceasing to hold the security interest)].

44 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Schedule 1 Form 3—continued Date and signature Dated: [insert date].

Signed: [insert signature for each operator of the village].
Name of operator: [insert name of each operator of the village].

Person completing form Name of person completing form: [insert name].

Address of person completing form: [insert address].

Email address of person completing form: [insert email address].

Telephone number of person completing form: number].

Fax number of person completing form (optional): [insert fax num- ber, if desired].

[insert telephone †Delete whichever of these does not apply.

*Delete this if it does not apply.


45 Schedule 1 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 Form 4 Request for cancellation of registration Section 19(1)(a), Retirement Villages Act 2003 Village Name of village: [insert name].

Registration number of village: [insert registration number].

Please cancel the registration of [insert name of village].

All residents of the village have received independent legal advice about the effects of cancellation of registration.
At least 90% of those residents have consented in writing to that can- cellation.

The cancellation will affect the following certificates of title and com- puter registers: [describe the certificates of title and computer regis- ters].

Date and signature Dated: [insert date].

Signed: [insert signature for each operator of the village].

Name of operator: [insert name of each operator of the village].

Person completing form Name of person completing form: [insert name].
Address of person completing form: [insert address].

Email address of person completing form: [insert email address].

Telephone number of person completing form: number].

Fax number of person completing form (optional): [insert fax num- ber, if desired].
[insert telephone 46 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Schedule 1 Form 5 Application for exemption from requirement for statutory supervisor Section 41(2)(a), Retirement Villages Act 2003 Village Name of village: [insert name].

Registration number of village: [insert registration number].
Please exempt [name of each operator of the village] from appointing a statutory supervisor for the village, as the appointment is unneces- sary for the protection of residents’ interests or is undesirable.

The following information supports this application: [set out infor- mation].

Date and signature Dated: [insert date].

Signed: [insert signature for each operator of the village].

Name of operator: [insert name of each operator of the village].
Person completing form Name of person completing form: [insert name].

Address of person completing form: [insert address].

Email address of person completing form: [insert email address].

Telephone number of person completing form: number].

Fax number of person completing form (optional): [insert fax num- ber, if desired].
[insert telephone 47 Schedule 1 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 Form 6 Change of village’s registered office or address for service Sections 95(2) and 96(4), Retirement Villages Act 2003 Village Name of village: [insert name].

Registration number of village: [insert registration number].

Street address of village: [insert address].


*The registered office of the village is to change to [describe new registered office] on [insert date, which must be at least 5 working days after this notice is registered].

*The address for service of the village is to change to [insert new address for service] on [insert date, which must be at least 5 working days after this notice is registered].

Date and signature Dated: [insert date].

Signed: [insert signature for each operator of the village].
Name of operator: [insert name of each operator of the village].

Person completing form Name of person completing form: [insert name].

Address of person completing form: [insert address].

Email address of person completing form: [insert email address].

Telephone number of person completing form: number].

Fax number of person completing form (optional): [insert fax num- ber, if desired].

[insert telephone *Delete this if it does not apply.
48 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Schedule 2 Schedule 2 Certificate by lawyer advising intending resident Form Certificate by lawyer advising intending resident Section 27(5), Retirement Villages Act 2003 r 13 Name of village: [insert name].

Registration number of village: [insert number].
I, [insert name of lawyer], certify that— (a) I explained to [insert name of intending resident or person treated by section 27(7) of the Act as the intending resident] the general effect of the attached agreement and its implications before he or she signed the agreement; and I gave the explanation in a manner and in language that was appropriate to the age and understanding of [insert name of intending resident or person treated by section 27(7) of the Act as the intending resident].
(b) Dated: [insert date].

Signed: [insert signature of lawyer].

Name: [insert name of signatory].

Street address: [insert street address of lawyer, including the name of the organisation (such as firm or chambers) within which the lawyer works].

Postal address: [insert postal address of lawyer, including the name of the organisation (such as firm or chambers) within which the lawyer works].

Email address: [insert email address of lawyer].

Telephone number: [insert telephone number of lawyer].
Fax number (optional): [insert fax number for lawyer, if desired].

49 Schedule 3 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 Schedule 3 Form of statement about statutory supervisors r 17(2)(a) Under the Retirement Villages Act 2003, the operator of a retirement village must appoint a statutory supervisor for the village unless the Registrar of Retirement Villages exempts the operator from the re- quirement.
The core duties of a statutory supervisor are to— (a) provide a stakeholder facility for intending residents and resi- dents who pay deposits or progress payments in respect of oc- cupation right agreements or uncompleted residential units or facilities at the retirement village; and (b) monitor the financial position of the retirement village; and (c) report annually to the Registrar and residents on the perform- ance of its duties and the exercise of its powers; and perform any other duties that are imposed by the Act or any other Act, any regulations made under the Act, and any docu- ments of appointment.
(d) 50 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Schedule 4 Form of statement of information for intending residents Schedule 4 r 29(1)(c) Important information for intending residents Decisions about retirement villages are very important.

They have long-term personal and financial consequences.

You should read this disclosure statement carefully.
This disclosure statement draws your attention to some of the import- ant matters you should consider before deciding to enter a retirement village.

Ask questions.

You must obtain advice from a lawyer independent of the operator of the village before you sign an occupation right agreement (ie, a document that confers on any person the right to occupy a residential unit within the village and specifies any terms or conditions to which that right is subject).
It is common for there to be misunderstandings by residents and their families about— • • the kind of legal interest that the resident has in the village: what happens if the resident or their family wants to exit an occupation right agreement: the fees and charges that apply to entering, moving between units within, and leaving the village: the ongoing fees and charges.
• It is important that you and your family understand what is involved in entering into an occupation right agreement to join a retirement village.

Although in most cases you will have 15 working days to cancel an occupation right agreement after signing it, you should consider the issues carefully before you sign any application form or agreement.
• 51 Schedule 5 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 Schedule 5 Form of statement of information about avoiding occupation right agreement r 29(1)(g) Section 31 of the Retirement Villages Act 2003 gives you the right to avoid an agreement that you enter into for the right to occupy a residential unit in a retirement village, but only if you enter into the agreement in the circumstances described in a row of the table below and the circumstances involve— (a) (b) a significant detriment to you; or a material (not merely technical or minor) breach of the Act; or deliberate misconduct by the operator of the village.
(c) You can use the right only by giving written notice to the operator of the village, and the statutory supervisor (if there is one) of the village, within the period described in the relevant row of the table.
Circumstances Period The village was not registered, but was required to be The registration of the village was sus- pended and the operator had been noti- fied of the suspension The agreement did not contain, in clear and unambiguous form, the material it was required by the Act to contain 3 years after you entered into the agreement or 6 months after you knew, or ought to have known, the circumstances existed when you en- tered into the agreement, whichever ends first 3 years after you entered into the agreement or 6 months after you knew, or ought to have known, the circumstances existed when you en- tered into the agreement, whichever ends first 1 year after you entered into the agree- ment or 6 months after you knew, or ought to have known, the circum- stances existed when you entered into the agreement, whichever ends first 52 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 Schedule 5 Circumstances Period You did not receive independent legal ad- vice before entering into the agreement Before entering into the agreement, you did not receive a disclosure statement that complied with the Act, the residents’ code of rights, the code of practice or a statement when the code would come into force, and a copy of the agreement 1 year after you entered into the agree- ment or 6 months after you knew, or ought to have known, the circum- stances existed when you entered into the agreement, whichever ends first 1 year after you entered into the agree- ment or 6 months after you knew, or ought to have known, the circum- stances existed when you entered into the agreement, whichever ends first You should seek legal advice before using the right.
If you use the right, you are entitled to a refund of some amounts you paid for the right to occupy the unit and for services or facilities that were not provided, interest on those amounts, and your actual and reasonable costs associated with using the right (such as legal expenses and removal costs).

The operator may dispute your use of the right, refer the dispute to a disputes panel under the Retirement Villages Act 2003, and refuse to pay the refund while the dispute is unresolved.
53 Schedule 6 Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 Schedule 6 Requirements for financial statements if there are no audited statements r 37(2) The financial statements must be tabulated if practicable.
The amounts in the financial statements must give a true and fair view of the results and state of affairs of the operator or the retirement village (as appropriate)— (a) at a time that is specified in the statements and is not more than 6 months before the date of issue of the dis- closure statement; and for the accounting period concerned.
(b) The financial statements must include so much of the follow- ing as is known or as can be estimated: (a) for the first accounting period ending after the date of issue of the disclosure statement,— (i) (ii) (iii) (iv) the total operating revenues; and the management expenses; and the total interest expense; and the net surplus or deficit before taking account of taxation and extraordinary items; and the total provided for, or credited by way of, tax- ation; and the net surplus or deficit before taking account of extraordinary items; and the total of any extraordinary items (net of taxa- tion) that derive from events outside the ordinary activities of the operator or the retirement village (as appropriate); and (v) (vi) (vii) (viii) the net surplus or deficit after taking account of (ix) (x) (xi) extraordinary items; and the distributions or appropriations of the net sur- plus or deficit; and the amount of any expenditure on repairs and maintenance; and the amount of any provision for repairs and main- tenance or, if no provision has been made, a state- ment to that effect: (b) a description of the nature of any item that is of such incidence and size, or of such nature, that its disclosure 1 2 3 54 Reprinted as at 1 April 2014 Retirement Villages (General) Regulations 2006 (c) (d) (e) the total assets; and the total tangible assets; and the total liabilities; and the total equity: is necessary to explain the performance of the operator or the retirement village: the amounts showing— (i) (ii) (iii) (iv) a forecast statement of operating expenditure for the op- erator or the retirement village (as appropriate) specify- ing the amounts that must be met by residents of the village for the first accounting period ending after the date of issue of the disclosure statement: a forecast statement of all income and expenditure, in- cluding amounts repayable to holders of security inter- ests relating to the retirement village in the first account- ing period ending after the date of issue of the disclosure statement.
Martin Bell, for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 28 September 2006.

55 Notes Retirement Villages (General) Regulations 2006 Reprinted as at 1 April 2014 Reprints notes General This is a reprint of the Retirement Villages (General) Regula- tions 2006 that incorporates all the amendments to those regu- lations as at the date of the last amendment to them.
Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.

Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act.

A printed version of the reprint produced directly from this official electronic version also has official status.
Editorial and format changes Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parliament.govt.nz/editorial-conven- tions/.

Amendments incorporated in this reprint Retirement Villages (General) Amendment Regulations 2014 (LI 2014/61) Wellington, New Zealand: Published under the authority of the New Zealand Government—2014 1 2 3 4 12 56