Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698751113273.pdf (New Zealand)
Reprint as at 20 September 2007 Retirement Villages Act 2003 Public Act Date of assent 2003 No 112 30 October 2003 Title Contents Part 1 Preliminary provisions Commencement Purpose Act to bind the Crown Interpretation Meaning of retirement village Obligations of operator Operator and director, trustee, or ofﬁce holder of operator not to be exempt from liability Power of Court to grant relief in proceedings for negligence, etc Page 6 6 7 7 7 12 14 14 15 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Economic Development and the Ministry of Social Development.
1 Retirement Villages Act 2003 Reprinted as at 20 September 2007 Part 2 Registration, occupation right agreements, and related requirements and rules Registration of retirement villages Retirement villages to be registered Registration is not approval Registration of existing retirement villages Annual return Registrar may alter register Registration to be continuous Certiﬁcation of registered documents Operator to notify change of circumstances and documentation Suspension of registration 18 Suspension of registration Cancellation of registration Cancellation of registration Further requirements as to registration and keeping registers Memorials Memorial on certiﬁcates of title of retirement villages Effect of memorial Memorial and loss of registration Statutory supervisor to be asked to act as representative Receiver, liquidator, and statutory manager must ask statutory supervisor to represent residents Offer and advertising prohibited if retirement village not registered No offer of occupation or advertising unless retirement village registered Other restrictions on advertising Operator must ensure that advertisements are not misleading or deceptive Occupation right agreements Occupation right agreements Cooling­off period and cancellation for delay Reprinted as at 20 September 2007 Retirement Villages Act 2003 29 30 31 32 33 34 Deposits and other payments must be independently held Information to be provided Occupation right agreement voidable Code of residents’ rights Retirement villages to have code of residents’ rights Distribution of code of residents’ rights Other information relevant to occupancy Right to be supplied with information relevant to occupancy Rights of residents in relation to occupancy right 35 No legal impediments to occupation Part 3 Retirement Commissioner and statutory supervisors Retirement Commissioner Retirement Commissioner to monitor, etc, effect of this Act Statutory
 supervisors Registrar must approve statutory supervisor Operator must appoint statutory supervisor Registrar’s consent required for termination or non­renewal of appointment Operator must not indemnify or exempt statutory supervisor from liability Exemption from requirement for statutory supervisor Duties of statutory supervisor Powers of statutory supervisor Public statement by statutory supervisor Liability for loss limited Statutory supervisor may require information 36 37 38 39 40 41 42 43 44 45 46 Auditor must answer questions and supply information 47 Auditor must answer questions and supply information Part 4 Dispute resolution, enforcement, and penalties Dispute resolution 48 Interpretation 29 30 30 32 32 33 34 35 35 36 36 37 37 37 38 38 38 39 39 39 3 Retirement Villages Act 2003 Reprinted as at 20 September 2007 Resident’s rights may be exercised by personal representative Types of dispute procedures Complaints facility Resident or operator may require dispute resolution Types of dispute for which resident may give dispute notice Types of dispute for which operator may give dispute notice Operator must notify statutory supervisor of certain disputes Form of dispute notice Time for giving dispute notice Retirement Commissioner approves persons eligible for appointment to disputes panel Operator must appoint disputes panel Composition of disputes panel Disputes panel must disclose interests and previous involvement Operator’s duties to secure independence of disputes panel Meaning of previous involvement in dispute Conduct of hearing Hearing must be held Panel may refuse to hear dispute Evidence and attendance Matters that disputes panel must take into account in deciding certain disputes Powers of disputes panel Additional powers of disputes panel in certain disputes Record of decision Effect and enforcement of dispute resolution decisions Effect of vacancy in panel membership Costs on dispute resolution Appeal to District or High Court Enforcement and
 penalties Jurisdiction of High Court Jurisdiction of District Court Jurisdiction of Disputes Tribunal Contraventions of certain provisions an offence Injunctions may be granted by Court for contravention of certain provisions Reprinted as at 20 September 2007 Retirement Villages Act 2003 81 82 83 84 85 86 87 88 89 90 91 92 93 Order to disclose information or publish advertisement Other orders Monetary limits and exercise of jurisdiction General provisions relating to section 82 orders Defences Finding in proceedings to be evidence Part 5 Registrar of Retirement Villages, code of practice, and miscellaneous matters Registrar of Retirement Villages Appointment of Registrar Power of Registrar to delegate Code of practice Code of practice must be prepared and published Duration and variation of code of practice Retirement Commissioner to provide publication information Status of code of practice Exemption from requirement to comply with code of practice Registered ofﬁce of retirement village 94 Registered ofﬁce 95 Change of registered ofﬁce Change of registered ofﬁce Address for service of retirement village 96 Address for service Registrar’s powers of inspection 97 98 99 100 101 102 103 104 Registrar’s powers of inspection Disclosure of information and reports Certain provisions of Companies Act 1993 apply Deeds of participation Regulations Fees and charges Regulations deﬁning retirement villages Regulations prescribing criteria for exemptions under section 41 55 56 57 58 59 60 60 60 61 62 63 64 64 65 66 66 66 67 69 69 69 70 71 72 5 s 1 105 106 107 108 109 110 Retirement Villages Act 2003 Reprinted as at 20 September 2007 Regulations prescribing criteria for exemptions under section 93 Notices Acts not to apply Amendment to Corporations (Investigation and Management) Act 1989
 Amendments to Financial Reporting Act 1993 Amendment to Securities Act 1978 Schedule 1 Registration and register Schedule 2 Disclosure statements Schedule 3 Occupation right agreements Schedule 4 Code of residents’ rights Schedule 5 Matters to be included in code of practice 72 72 73 73 73 74 75 78 81 83 85 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Retirement Villages Act 2003.
Part 1 Preliminary provisions Commencement 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 Governor­General 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.
2 (1) (2) 6 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 1 s 5 3 4 5 Purpose The purpose of this Act is— (a) to protect the interests of residents and intending resi­ dents of retirement villages: to enable the development of retirement villages under a legal framework readily understandable by residents, intending residents, and operators: for the purposes in paragraphs (a) and (b),— (i) (b) (c) to promote understanding of the ﬁnancial and oc­ cupancy interests of residents and intending resi­ dents of retirement villages: to provide an industry­focused regulatory and monitoring regime for retirement villages in which compliance costs are minimised: to provide external oversight of the conditions of entry into, and the continuing operations of, retirement villages: to introduce requirements and procedures neces­ sary to give effect to the regulatory and monitor­ ing regime referred to in subparagraph (ii): to provide an environment of security and protec­ tion of rights for residents of retirement villages: to confer on the Registrar of Retirement Villages and the Retirement Commissioner powers, func­ tions, and duties relating to this Act.
(ii) (iii) (iv) (v) (vi) Act to bind the Crown This Act binds the Crown.
Interpretation In this Act, unless the context otherwise requires,— advertisement — (a) means any publication to the public or to any section of the public or to any individual of any words, whether written or printed, spoken, or in any electronic form, or of any pictorial representation or design or device, used to promote a retirement village,— 7 Part 1 s 5 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (i) (ii) that is authorised or instigated by, or on behalf of, the operator or promoter of the retirement village; or that is prepared with the co­operation of, or by arrangement with, the operator or promoter of that village; and includes a disclosure statement (b) capital sum, in relation to a residential unit, means any of the following (a) any lump sum or sums payable for the right to occupy the unit (other than a sum that is a bond or rent within the meaning of section 2 of the Residential Tenancies Act 1986): any periodical payment for the right to occupy the unit that, in respect of the period for which it is payable, substantially exceeds the total of— (i) (b) the amount that would be payable as a market rent for the unit under the Residential Tenancies Act 1986 during that period if the unit were let under a tenancy to which that Act applies; and the lesser of the value of any services or facilities supplied to the resident during that period or the cost to the operator of that supply during that period (ii) code of practice means a code of practice approved by the Minister under section 89 code of residents’ rights means the code of residents’ right described in Schedule 4 Court means the High Court of New Zealand deed of supervision — (a) means the document setting out the terms and condi­ tions on which a statutory supervisor is appointed under section 38; and includes a deed of participation relating to the super­ vision of a retirement village entered into before the commencement of section 38, in accordance with the Securities Act 1978 or any regulations made under that Act (b) 8
 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 1 s 5 in relation to a retirement village, disclosure statement, means a written document that— (a) contains all the information that it is required to con­ tain by Schedule 2, any applicable code of practice, and regulations made under this Act; and states that it is a disclosure statement for the purposes of this Act (b) facilities, in relation to a retirement village, means facilities of a shared or communal kind provided in the retirement vil­ lage for the beneﬁt of residents of the retirement village and includes recreational facilities and amenities former resident means a person— (a) who was a resident of a retirement village on or after the date on which this section comes into force; and (b) whose occupation right agreement has since terminated hospital care institution has the meaning speciﬁed in section 58(4) of the Health and Disability Services (Safety) Act 2001 intending resident means a person— (a) who has within the last 3 months,— (i) indicated to an operator of a retirement village or the operator’s agent that he or she is interested in becoming a resident of the retirement village; or had discussions with the operator or the oper­ ator’s agent about entering into an occupation right agreement; and (ii) (b) in respect of whom the operator or the operator’s agent has a current address, or sufﬁcient other contact details to enable the operator to send notices to that person lawyer means a barrister or solicitor, as those terms are deﬁned in section 2 of the Law Practitioners Act 1982 Minister means the Minister of the Crown who is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act occupation right agreement means any written agreement or other document or combination of documents that— (a) confers on any person the right to occupy a residential unit within a retirement village; and 9 Part 1 s 5 Retirement Villages Act 2003
 Reprinted as at 20 September 2007 (b) speciﬁes any terms or conditions to which that right is subject offer of occupation means an offer made to any person to become a resident of a retirement village operator, in relation to a retirement village, means any person who is 1 or more of the following (a) a person who is, or will be, liable to fulﬁl all or any of the obligations under occupation right agreements to residents of the village: a holder of a security interest who is exercising effective management or control of the retirement village: a receiver of the property comprising the retirement vil­ lage, or the liquidator of the person to whom either of paragraph (a) or paragraph (b) applies (b) (c) promoter, in relation to a retirement village,— (a) means a person who is instrumental in the development of a retirement village in respect of which occupation rights are offered to the public; and if a body corporate, includes every person who is a dir­ ector of that body corporate; but does not include a person— (i) acting solely in his or her professional capacity; or (b) (c) (ii) who has ceased to have any involvement with the village register means the register maintained under Schedule 1 registered document means, in respect of any registered re­ tirement village, any document registered in accordance with Schedule 1 Registrar means the Registrar of Retirement Villages ap­ pointed under section 87 resident means any of the following (a) a person who enters into an occupation right agreement with the operator of a retirement village: a person who, under an occupation right agreement, is, for the time being, entitled to occupy a residential unit within a retirement village, whether or not the agree­ ment is made with that person or some other person: (b) 10 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 1 s 5 (c) if the occupation right agreement so provides or with the consent of the operator of the retirement village, the spouse, civil union
 partner, or de facto partner of the person referred to in paragraph (b) who is occupying the residential unit with that person, or after that person’s death or departure from the retirement village resident: paragraph (c) of this deﬁnition was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “, civil union partner, or de facto partner” for the words “or partner”.
residential unit or unit means a building, or part of a building, that is a house, ﬂat, townhouse, unit, serviced unit or apart­ ment (whether or not it has cooking facilities), villa, or similar dwelling erected, or currently used, primarily and principally as a unit of accommodation; and includes any land, improve­ ments, or appurtenances belonging to the unit or usually en­ joyed with it rest home has the meaning speciﬁed in section 58(4) of the Health and Disability Services (Safety) Act 2001 Retirement Commissioner means the Retirement Commis­ sioner appointed under the Retirement Income Act 1993 re­ tirement village has the meaning speciﬁed in section 6 security interest, in relation to a retirement village, means an interest that a person (other than as an intending resident or resident of the retirement village or a person whose occupation right agreement has terminated) has in all or any part of the retirement village as a consequence of the person holding a debt security or participatory security (within the meaning of the Securities Act 1978) over that part of the retirement village services means services provided at a retirement village of 1 or more of the following kinds (a) (b) (c) (d) (e) gardening, repair, or maintenance services: nursing or medical services: the provision of meals: shops and other services for the provision of goods: laundry services (not being the provision of facilities for residents to carry out their own laundry): services (for example, hairdressing services) for the per­ sonal care of residents: (f) 11 Part 1 s 6 Retirement Villages Act 2003 Reprinted as at 20 September 2007 transport services: (g) services for recreation or entertainment: (h) security services: (i) other services for the care or beneﬁt of residents (j) statutory manager means a statutory manager of the oper­ ator of a retirement village appointed under the Corporations (Investigation and Management) Act 1989 statutory supervisor, means a person appointed under section 38. in relation to a retirement
 village, Meaning of retirement village 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 pro­ vide, 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) lease, a resident’s right of occupation of any residential unit is provided by way of freehold or leasehold title, licence to occupy, crosslease title, unit title, residential tenancy, or other form of assurance, for life or any other term; or the form of the consideration for that right is a lump sum payment or deduction, or a contribution or a payment in kind of any form, a periodic payment or deduction, or any combination of such payments or deductions, whether made before, during, or after occupancy; or the consideration is actually paid or agreed to be paid by a particular resident or particular residents or on behalf of that resident or those residents, or by another person for the beneﬁt of that resident or those residents; or the resident makes an additional payment or periodical payment (for example, a service fee) for any services or facilities or access to such services or facilities; or the services or facilities, or both, are provided by the owner of the property, building, or other premises, or (b) (c) (d) (e) 6 (1) 12 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 1 s 6 by any other person under an arrangement with the op­ erator of the village.
(2) A retirement village includes any common areas and facilities to which residents of the retirement village have access under their occupation right agreements.
(3) 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— (a) (b) the residential unit or units themselves; and the common areas and facilities within the rest home or hospital care institution (if any) to which the resident or residents of the unit or units have access only by reason of their occupation right agreement.
(4) For the avoidance of doubt, the following are not retirement villages for the purposes of this Act: (a) owner­occupied residential units registered under the Unit Titles Act 1972 or owner­occupied cross­lease residential units that in either case do not provide services or facilities to their occupants beyond those commonly provided by— (i) similar residential units that are not intended to provide accommodation predominantly for re­ tired people and their spouses or partners; or residential units occupied under tenancies to which the Residential Tenancies Act 1986 ap­ plies: (ii) (b) (c) boarding houses, guest houses, or hostels: halls of residence associated with educational institu­ tions.
(5) 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 independ­ ently of its or their form or description in any document.
For the avoidance of doubt,— (a) a property, building, or other premises does not cease to be a retirement village by reason only that persons in (6) 13 Part 1 s 7 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (7) 7 8 (1) (b) their retirement cease to predominate amongst residents of the village: a retirement village does not include any land or build­ ing that is under development as a retirement village, or as part of a retirement village, that is not occupied by any resident.
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).
Obligations of operator If obligations are imposed on the operator of a retirement vil­ lage by this Act,— (a) each operator of that retirement village must perform the obligation or ensure that it is performed; and each director or trustee of that operator and the per­ son appointed as the manager of the village must take all reasonable steps to ensure that the obligation is per­ formed.
(b) Operator and director, trustee, or ofﬁce holder of operator not to be exempt from liability 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— (a) exempting any operator or any director, trustee, or ofﬁce holder of an operator from any liability that, by virtue of any rule of law, would otherwise attach to him or her in respect of any negligence, default, breach of duty, or breach of trust of which he or she may be liable in relation to the retirement village; or indemnifying any such operator or director, trustee, or ofﬁce holder against any such liability.
(b) (2) Except as provided in subsection (3), any provision to which this section applies is void.
(3) Nothing in subsection (2) deprives any operator or director, trustee, or ofﬁce holder of an operator, of any exemption or 14 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 2 s 10 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.
9 (1) Power of Court to grant relief in proceedings for negligence, etc Subsection (2) applies if, in any civil proceeding for negli­ gence, 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— (a) the person is or may be liable in respect of the negli­ gence, default, breach of duty, or breach of trust; but the person has acted honestly and reasonably; and having regard to all the circumstances of the case, the person ought fairly to be excused for the negligence, default, breach of duty, or breach of trust.
(b) (c) (2) 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.

Part 2 Registration, occupation right agreements, and related requirements and rules Registration of retirement villages 10 (1) (2) Retirement villages to be registered The operator of a retirement village must ensure that it is reg­ istered.
The operator of a retirement village must lodge with the Regis­ trar an application for registration in the prescribed form to­ gether with the following: (a) the form of the disclosure statement or statements, which must— (i) be complete, apart from personal information re­ lating to particular residents or particular occu­ pation right agreements; and 15 Part 2 s 10 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (ii) disclose whether any holder of a security interest to whom section 12(1)(b) applies has refused to consent to the registration of the village and the effect of that refusal; and (b) (c) (d) (e) (b) a full legal description of the part of the property, build­ ing, or premises comprising the retirement village, to­ gether with— (i) copies of any certiﬁcates of title, plans, deeds, leases, or other documents evidencing that de­ scription, and identifying any computer registers on which the certiﬁcates of title are recorded; and the address of the holder of any security interest registered against any of those certiﬁcates of title; and (ii) unless the operator of the retirement village is exempt, under section 41, from the requirement to appoint a statutory supervisor, the name of the statutory super­ visor, a copy of the statutory supervisor’s consent to act, and a copy of the deed of supervision; and the form of the occupation right agreement; and the prescribed fee for registration or an application for approval to pay the prescribed fee by arrangement; and any other matter prescribed by regulations.
not register any retirement village if, in the opinion of the Registrar, the application or any information sup­ plied contains a statement that is false or misleading or omits any material particular: register the retirement village if the operator has com­ plied with subsection (2), the circumstances in para­ graph (a) do not exist, and all prescribed fees have been paid, or satisfactory arrangements have been made for their payment.
(3) (f) The Registrar must— (a) (4) The Registrar may refuse to consider an application for regis­ tration or an amendment to registered documents if arrange­ ments for the payment of prescribed fees are not in place.
(5) After registering a retirement village, the Registrar must allo­ cate a month to the retirement village for the purpose of de­ livering the annual return required by section 13 and may, at 16 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 2 s 12 (6) 11 12 (1) any time by written notice to the operator, alter the month al­ located.

This section is subject to section 12.


Subsection (3)(b) was amended, as from 15 December 2005, by section 3 Re­ tirement Villages Amendment Act 2005 (2005 No 113) by substituting the ex­ pression “subsection (2)” for the expression “subsection (1)”.

Registration is not approval 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.
Registration of existing retirement villages If a retirement village has 1 or more residents at the com­ mencement of this section,— (a) an application for registration must be lodged under sec­ tion 10 within 6 months from the day on which this sec­ tion comes into force: the operator must seek the written consent to the regis­ tration of the village of any person who— (i) (b) (ii) was a holder of a security interest in the village on 31 December 2002; and has not, since that date, obtained any new secur­ ity interest in the village or agreed to any increase in the term of the security interest; or (A) if the holder offers a credit facility (for (B) example, an overdraft), in the maximum sum secured by that security interest; or if any other sum is secured by the security interest, in the sum secured by that security interest: (C) (c) (d) the operator must include the written consent of that per­ son with the application for registration, if that consent is given: no offer of occupation may be made after the expiry of 12 months from the day on which this section comes into force unless the retirement village is registered under this Act.
17 Part 2 s 13 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (2) to whom subsection If the holder of a security interest (1)(b) applies fails or refuses to consent to the registration of a retirement village,— (a) the operator of the village must promptly notify the statutory supervisor of the village (if there is one), and every resident and intending resident, of that failure or refusal and its effect: that failure or refusal does not prevent the registration of the village as a retirement village, or affect the obli­ gation of the operator to apply for registration of the village.
(b) (3) Nothing in this section exempts any operator from the obliga­ tion to issue a disclosure statement that complies with this Act to any intending resident after the commencement of this sec­ tion.

The operator of a retirement village to which subsection (1) ap­ plies 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.
(4) (3) (2) Annual return 13 (1) 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 chartered accountant.

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— (a) (b) the certiﬁcate referred to in section 16; and a copy of the audited ﬁnancial statements that the oper­ ator is required to prepare under the Financial Reporting Act 1993 (being statements that comply with that Act); and if the operator is not exempt, under section 41, from the requirement to appoint a statutory supervisor, a certiﬁ­ cate signed by the statutory supervisor stating that— (c) 18 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 2 s 16 (i) (ii) the operator has supplied to the supervisor a copy of the retirement village’s audited ﬁnancial state­ ments (being statements that in the supervisor’s opinion comply with the Financial Reporting Act 1993); and the information contained in the annual return is, to the best of the supervisor’s knowledge and belief, accurate; and (4) (d) the prescribed fee for ﬁling an annual return or an ap­ plication to pay that prescribed fee by arrangement.
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 ac­ curate as at that date.

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

Subsection (3)(b) was substituted, as from 15 December 2005, by section 4 Re­ tirement Villages Amendment Act 2005 (2005 No 113).
14 15 16 Registrar may alter register The Registrar may alter the register if the annual return con­ tains any of the following information that is different from the information entered on the register: (a) an address of the registered ofﬁce of the retirement vil­ lage: an address for service of the retirement village: a postal address of the retirement village.
(b) (c) Registration to be continuous Every retirement village that is registered remains registered unless the Registrar suspends or cancels its registration.
Certiﬁcation of registered documents 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 per­ 19 Part 2 s 17 Retirement Villages Act 2003 Reprinted as at 20 September 2007 sons signing the certiﬁcate, not likely to mislead or deceive any resident, intending resident, or the public.
17 (1) Operator to notify change of circumstances and documentation 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— (a) any material change to any of the registered documents before that document or changed document is published or made available to any resident, any intending resi­ dent, or the public; and any material change to the information contained in any registered document; and any change of circumstances that makes any registered document likely to be misleading or deceptive to any resident, any intending resident, or the public; and any 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); or of the controlling interests in any operator of the retirement village (whether as a result of the sale of shares in the operator or otherwise); or to the name or address of any operator of the retirement village.
(ii) (iii) (2) Nothing in subsection (1) prevents an operator of a retirement village from— (a) notifying the Registrar of any change to a registered document or to the information in a registered document that is not required to be notiﬁed under subsection (1): complying with subsection (1)(a) or (b) or (d) by lodg­ ing with the Registrar an amended or new document in place of a registered document together with the appro­ priate prescribed form (if any).
If notice is given to the Registrar under subsection (1) or sub­ section (2)(a), the Registrar may— (a) amend the registered document accordingly or add the document to the register; or (3) 20 (b) (c) (d) (b) Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 2 s 19 (b) (c) require a new document to be lodged under section 10(2); or if section 18(1) applies, suspend registration of the re­ tirement village under that provision.
Suspension of registration 18 (1) (2) Suspension of registration The Registrar may suspend the registration of any retirement village if he or she considers that— (a) any registered document is likely to mislead or deceive any resident, any intending resident, or the public; or the operator is failing to comply with this Act or any regulations made under this Act; or any prescribed fee required to be paid by the operator of the retirement village is not paid.
(b) (c) The Registrar must give notice of the suspension to the oper­ ator of the retirement village and to the statutory supervisor of the village (if there is one), and that notice must specify— (a) (b) the reason for the suspension; and the steps required to be undertaken by the operator to have the suspension lifted.
(3) Once the operator of a retirement village has received notice of its suspension of registration, the operator, while the sus­ pension is in force,— (a) must take all reasonable steps to withdraw any adver­ tisement or offer of occupancy relating to the retirement village: (b) must not enter into any occupation right agreement re­ lating to the retirement village with any person.
Cancellation of registration 19 (1) Cancellation of registration The Registrar must cancel the registration of a retirement vil­ lage if the Registrar— (a) receives a request in writing for cancellation from the operator of that retirement village in the prescribed form; and 21 Part 2 s 20 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (b) (c) is satisﬁed that the requirements of subsection (2) (if ap­ plicable) and subsection (3) have been complied with; and is satisﬁed that the village has ceased to operate as a retirement village or will do so on cancellation of its registration.
(2) (3) 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 oper­ ator must take action under section 18 as if notice of suspen­ sion of registration had been given under section 18(2).
(4) No operator may request the cancellation of the registration of any retirement village that has any residents unless— (a) all residents of the village have received independent legal advice about the effects of cancellation of regis­ tration; and at least 90% of those residents have consented in writing to that cancellation.
(b) (5) 20 The Registrar must give notice of the cancellation of registra­ tion to the operator or operators of the village and to the statu­ tory supervisor of the village (if there is one).

Further requirements as to registration and keeping registers 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).
Memorials 21 Memorial on certiﬁcates of title of retirement villages (1) The Registrar must notify the Registrar­General of Land of the registration of a retirement village, and of any change to the property, building, or premises comprising the retirement vil­ lage notiﬁed to the Registrar in accordance with section 13 or section 17.
22 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 2 s 22 (2) (3) (4) 22 (1) 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 regis­ tration 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 Registrar­General 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 Vil­ lages Act 2003 (which provides priority for the rights of resi­ dents ahead of the rights of holders of security interests)”.
The Registrar­General of Land must, when the memorial re­ ferred to in subsection (3) is noted, give notice of the memorial to the holder of any security interest registered against the cer­ tiﬁcate of title.
Effect of memorial If a memorial is entered under section 21, then, unless all resi­ dents 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 li­ quidator or statutory manager of property comprising the re­ tirement village or of any operator of the village must not ex­ ercise any right to— (a) dispose of the retirement village other than as a going concern; or disclaim any occupation right agreement relating to the retirement village as onerous property under section 269 of the Companies Act 1993 or section 75 of the Insolvency Act 1967; or evict any resident or exclude any resident from the use of any facilities or any part of the retirement village to which that resident is ordinarily entitled.
(b) (c) (2) (3) 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 liquid­ ator or statutory manager of property comprising the retire­ ment village or of an operator of the village, may apply to the 23 Part 2 s 23 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (4) High Court for an exemption from any requirement of sub­ section (1), and that exemption may be granted subject to any conditions that the Court considers appropriate.
This section does not affect— (a) the exercise of any right conferred on any person under an occupation right agreement (including, without limi­ tation, any right to speciﬁed services or any right con­ ferred on the operator of a retirement village to termin­ ate the occupation right of a resident or exclude a resi­ dent from the use of any facilities or part of the village, or to reduce or cancel services); or the exercise of any speciﬁed right by a person who— (i) (b) (ii) was the holder of a security interest in the retire­ ment village on 31 December 2002 (being a se­ curity interest that continues to secure the pay­ ment or repayment of all or any part of a sum secured by it on that date, that has not been paid or repaid); and has not, since that date, obtained any new se­ curity interest in the village or agreed to any in­ crease— (A) (B) in the term of the security interest; or if the holder offers a credit facility (for example, an overdraft), in the maximum sum secured by that security interest; or if any other sum is secured by the security interest, in the maximum sum secured by that interest; and (C) (iii) has failed or refused to consent to the registration of the village.
(5) In subsection (4)(b), speciﬁed right means any right conferred by the security interest referred to in subsection (4)(b)(i) (be­ ing a right provided in that security interest as at 31 December 2002).
23 Memorial and loss of registration (1) If the registration of a retirement village is cancelled under section 19 (but not if it is suspended under section 18), the 24 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 2 s 25 (2) Registrar must notify the Registrar­General of Land of that cancellation.

The notiﬁcation must identify the particular certiﬁcates of title or computer registers to enable the Registrar­General of Land to act under subsection (3).
(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.
24 Statutory supervisor to be asked to act as representative Receiver, liquidator, and statutory manager must ask statutory supervisor to represent residents 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.
Offer and advertising prohibited if retirement village not registered 25 No offer of occupation or advertising unless retirement village registered (1) No person may— (a) make, allow to be made, or acquiesce in the making of any offer of occupation or the publication of any adver­ tisement after the expiry of 6 months from the day on which this section comes into force; or (b) make, allow to be made, or acquiesce in the making of any representation that all or part of any property, build­ ing, or premises is a retirement village if that representa­ tion is included in an advertisement published after the expiry of 6 months from the day on which this section comes into force; or 25 Part 2 s 25 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (c) enter into any occupation right agreement after the ex­ piry of 6 months from the day on which this section comes into force— (d) (b) (c) that relates to a retirement village that is not registered under this Act.
Subsection (1) does not apply if— (a) the retirement village has never been registered under this Act; and section 12 is complied with; and the Securities Act 1978 and all other applicable legisla­ tion is complied with; and the offer is made and the occupation right agreement is entered into no later than the expiry of 12 months from the day on which this section comes into force.
Subsection (1) does not apply to a statement made by, or on be­ half 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— (a) (b) the name of the promoter; and a description of the occupation rights intended to be offered, including a brief description of any rights or privileges to be included in the offer; and a statement of the services or facilities to be provided; and a statement of the total number of occupation rights in­ tended to be offered; and the terms of the intended offer; and a description of the class of persons to whom it is in­ tended the offer will be made; and the date on which the promoter expects the offer will be made.
(c) (d) (e) (f) (g) (2) (3) 26 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 2 s 27 Other restrictions on advertising 26 (1) (2) Operator must ensure that advertisements are not misleading or deceptive 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.
Occupation right agreements Occupation right agreements 27 (1) 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,— (a) (b) (c) provisions and information of the kind speciﬁed in Schedule 3; and any other provisions required to be speciﬁed in an occu­ pation right agreement by this Act or regulations made under this Act; and if the occupation right relates to a residential unit to be built or completed at a later date, a proposed date for completion of that unit.
(2) An occupation right agreement may contain— (a) (b) a provision requiring decisions of a majority of resi­ dents or a speciﬁed proportion of residents greater than a majority to bind all residents, except where this Act or any other enactment requires a speciﬁed proportion of residents to give consent in relation to any matter: provisions that differ from the provisions of the current registered form of occupation right agreement, but only if those provisions are no less favourable to the residents concerned than the provisions contained in the regis­ tered document.
(3) An intending resident must receive independent legal advice before signing the occupation right agreement.

27 Part 2 s 28 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (4) (5) (6) (7) 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 resi­ dent must certify on the prescribed form (if any) that, before the intending resident signed the agreement, the lawyer ex­ plained 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 attor­ ney 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 per­ son must be treated as the intending resident for the purposes of subsections (3) to (6).
Cooling­off period and cancellation for delay 28 (1) An occupation right agreement must contain a provision al­ lowing 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,— (a) (b) without having to give any reason, by notice given not later than 15 working days after the agreement is signed by the resident; and if the agreement relates to a residential unit to be built or completed at a later date and the residential unit is not ﬁnished to the point of practical completion within 6 months after the proposed date for completion of the unit, by notice given at any time after the expiry of that 6­month period.
(2) Notice of cancellation— (a) must be in writing and in a form that indicates (irre­ spective of the exact words used) the intention of the resident to cancel the agreement; and (b) may be given by the resident or any person authorised in writing by the resident to act on his or her behalf.
(3) The notice may be given to— 28 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 2 s 29 (a) (b) (c) the operator; or the real estate agent or other person who dealt with the resident on behalf of the operator when the resident ac­ quired an occupation right, unless the operator has no­ tiﬁed the resident that the person has ceased to act on behalf of the operator; or any person who the operator has notiﬁed the resident is a person authorised to receive communications on behalf of the operator.
(4) The operator is entitled to reasonable compensation for ser­ vices provided to the resident under the occupation right agree­ ment and for damage to a residential unit or any facilities in the retirement village for which the resident is responsible be­ fore the cancellation takes effect.
(5) Despite subsection (1), an occupation right agreement may contain a cancellation provision of the kind referred to in sub­ section (1) that is more favourable to the resident than the pro­ vision 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 resi­ dent than that provision, the agreement is deemed to contain the provision referred to in subsection (1).
29 (1) Deposits and other payments must be independently held Every deposit, progress payment, and other payment made by a resident as payment for an occupation right or future occupa­ tion right in a retirement village must be held for the beneﬁt of the resident in an interest­bearing account until settlement of the transaction or cancellation of the occupation right agree­ ment under section 28 by either— (a) the statutory supervisor of the retirement village (if there is one); or if there is no statutory supervisor, by a lawyer nomin­ ated by both the resident and the operator in a document that is separate from the occupation right agreement.
(b) (2) 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.
29 Part 2 s 30 Retirement Villages Act 2003 Reprinted as at 20 September 2007 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 de­ posit, progress payment, or other payment to which subsection (1) applies must be paid to the operator.
(b) (c) Information to be provided Before any occupation right agreement can be entered into, the intending resident must receive— (a) a disclosure statement that complies with Schedule 2; and the residents’ code of rights; and the code of practice (if any), and, if the code is not yet in force, a statement in writing that the code is not yet in force and the date on which it comes into force; and a copy of the occupation right agreement.
(d) In any proceedings that involve an issue as to whether an in­ tending resident has received the information speciﬁed in sub­ section (1),— (a) it is for the operator to prove that the intending resident received the information or advice; but a written acknowledgement by the intending resident that he or she has received the information is, in the absence of evidence to the contrary, sufﬁcient proof that the resident has received the information or advice.
(b) Occupation right agreement voidable 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— (a) a refund, without deduction, of— (i) all capital sums paid before or during the resi­ dent’s occupancy as consideration for right of oc­ cupation in the residential unit and all other pay­ (3) 30 (1) (2) 31 (1) (2) 30 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 2 s 31 ments for which services or facilities were not provided: (ii) (iii) (b) (c) interest at the prescribed rate: actual and reasonable costs associated with the voiding of the agreement (for example, legal expenses.
and re­ moval costs).
(3) Despite subsections (1) and (2),— (a) (b) if the resident and the operator cannot agree when the refund required by subsection (2) is to be made, either party may give a dispute notice under section 53 or sec­ tion 54, as the case requires: if an operator receives from a resident a notice purport­ ing to avoid an occupation right agreement for a contra­ vention of section 18(3) or section 25(1) or section 27 or section 30(1) that the operator considers not to involve a contravention of any of those provisions in any sub­ stantial respect, the operator— (i) may give a dispute notice under section 54 con­ cerning the operation of subsections (1) and (2); and (ii) must take all reasonable steps to remedy the (iii) contravention; and if a dispute notice is given by the operator, is not required to make the refund referred to in subsection (2) while the dispute is unresolved.
(4) In subsection (1), the prescribed period,— (a) in relation to a contravention of section 18(3) or section 25(1) is the lesser of— (i) a period of 3 years after the date on which the agreement was entered into; or a period of 6 months after the resident knows, or ought to know, of the contravention: (ii) (b) in relation to a contravention of section 27 or section 30(1) is the lesser of— (i) a period of 1 year after the date on which the agreement was entered into; or 31 Part 2 s 32 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (5) (ii) a period of 6 months after the resident knows, or ought to know, of the contravention.
For the purposes of this section, a contravention of a particular provision is a contravention of that provision in a substantial respect if— (a) the contravention involves a signiﬁcant detriment to the resident; or the contravention is otherwise material, and is not solely technical or minor in character; or the contravention involves deliberate misconduct on the part of the operator.
(b) (c) Subsection (2)(a)(ii) and (iii) was repealed, as from 15 December 2005, by sec­ tion 5 Retirement Villages Amendment Act 2005 (2005 No 113).

Code of residents’ rights 32 (1) Retirement villages to have code of residents’ rights The code of residents’ rights set out in Schedule 4 is a sum­ mary of the minimum rights conferred on a resident of a re­ tirement village by this Act.
(2) 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 ap­ plies.
33 (1) Distribution of code of residents’ rights The operator must ensure that a copy of the code of residents’ rights is— (a) given to each intending resident before the person enters into an occupation right agreement; and given to a resident (or his or her nominated representa­ tive) on request.
(b) (2) 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: (a) (b) the operator of the retirement village: the statutory supervisor of the retirement village (if there is one): 32 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 2 s 34 (3) 34 (1) (2) (3) the Registrar: (c) the Retirement Commissioner: (d) (e) a disputes panel, in the manner provided in Part 4.
Subsection (2) does not limit the ability of a resident to bring any alleged breach of a right referred to in the code of resi­ dents’ rights to the attention of any other person.
Other information relevant to occupancy Right to be supplied with information relevant to occupancy Each resident or intending resident of a retirement village has the right to be promptly informed by the operator of the re­ tirement village about any matter that would or might have a material impact on— (a) the occupancy right, or rights to quiet enjoyment, of the resident or intending resident; or the charges levied on the resident or intending resident for his or her occupancy right, or right to services and facilities, within the retirement village.
The operator of a retirement village must,— (a) (b) if the village has a statutory supervisor, promptly notify the statutory supervisor and, if the statutory supervisor so directs, each resident and intending resident of the retirement village of the matters referred to in subsec­ tion (3); or if the village does not have a statutory supervisor, promptly notify each resident and intending resident of the retirement village of the matters referred to in subsection (3).
(b) The matters required to be notiﬁed under subsection (2) are— any proposal by the operator to develop or redevelop (a) any part of the land on which the retirement village is situated or to acquire any contiguous land for develop­ ment: the receipt by the operator of a notice from the Regis­ trar of suspension of the registration of the retirement village: (b) 33 Part 2 s 35 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) any request by the operator to the Registrar for cancel­ lation of the registration of the retirement village: any decision by the Registrar, under section 41, to ex­ empt the operator from the requirement to appoint a statutory supervisor: the appointment of a new statutory supervisor: any decision by the Registrar, under section 93, to ex­ empt the operator from the requirement to comply with a provision in the code of practice: any proposed increase in secured liabilities held by any person over any part of the retirement village: any proposed increase in the maximum sum available to the operator of a retirement village under any credit facility: any actual or threatened action by a creditor, mort­ gagee, or chargeholder in respect of the retirement village against the operator of the retirement village in respect of that person’s security or any sum over $1,000: any decision by an insurer to refuse to insure the retire­ ment village or any part of it: any actual or threatened legal proceedings against the retirement village or an operator of the retirement vil­ lage that affect the interests of any resident or intending resident: any action by a creditor to put the operator or the retire­ ment village in receivership or liquidation.
(4) This section does not limit section 32 or Schedule 4.

Rights of residents in relation to occupancy right No legal impediments to occupation 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.
35 34 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 3 s 37 Part 3 Retirement Commissioner and statutory supervisors Retirement Commissioner 36 (1) (2) (3) (4) Retirement Commissioner to monitor, etc, effect of this Act The functions of the Retirement Commissioner in relation to this Act are as follows: (a) to monitor the effects of this Act and the regulations and code of practice made under this Act: to advise on issues relating to retirement villages when requested to do so by the Minister or required by this Act: to promote education about retirement village issues and to publish information about such issues: to collect and publish information relating to any of the functions referred to in this section: to perform any other function conferred by this Act or regulations made under this Act.
(b) (c) (d) (e) Every operator of a retirement village must answer any ques­ tions and supply any information relating to the retirement vil­ lage reasonably requested by the Retirement Commissioner for the performance of the Retirement Commissioner’s func­ tions.

The operator must supply the information within 20 working days of receiving the request or within any further period that the Retirement Commissioner allows.
Subsection (2) was repealed, as from 21 April 2005, by section 10(2) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Statutory supervisors 37 (1) Registrar must approve statutory supervisor Subject to subsection (2), a person must not be appointed a statutory supervisor unless ﬁrst approved by the Registrar for that purpose.
35 Part 3 s 38 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (2) (3) (4) Every person who was, immediately before the commence­ ment of this section, approved under section 48 of the Securities Act 1978 to act as the statutory supervisor of retire­ ment village schemes is, subject to subsection (4), approved as a statutory supervisor for the purposes of this Act.
The Registrar may approve a person as a statutory supervisor for— (a) (b) (c) The Registrar may revoke or amend the approval of a person under this section.

a speciﬁc retirement village; or all retirement villages; or retirement villages of a class deﬁned by the Registrar.

(2) 38 (1) Operator must appoint statutory supervisor The operator of a retirement village must appoint a statutory supervisor for 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.

(3) 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.

Subject to section 37(3), the same person may be a statutory supervisor for more than 1 retirement village, whether or not owned by the same operator.
(4) Registrar’s consent required for termination or non­renewal of appointment The Registrar must consent in writing before the operator or the statutory supervisor— (a) terminates the appointment of the statutory supervisor; or elects not to renew the appointment.

(b) In the case of termination or election not to renew by the statu­ tory supervisor, the Registrar’s consent is not necessary if the statutory supervisor has given the operator 1 year’s notice.
39 (1) (2) 36 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 3 s 42 40 (1) Operator must not indemnify or exempt statutory supervisor from liability 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.

(2) An indemnity or agreement contrary to subsection (1) is void.
41 (1) Exemption from requirement for statutory supervisor The Registrar may exempt an operator from appointing a statu­ tory supervisor if the Registrar is satisﬁed that the criteria for exemption prescribed under section 104 are met.

(2) An operator applies to the Registrar for an exemption by— (3) (4) (5) 42 (a) completing the prescribed form and delivering it to the Registrar; and paying the prescribed fee.
(b) The Registrar may exempt the operator on the terms and condi­ tions, 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— (a) (b) the ground for the exemption no longer applies; or the operator has not complied with its terms and condi­ tions.

The Registrar must give notice of the revocation or variation of an exemption as soon as possible to the operator.
Duties of statutory supervisor A statutory supervisor must— (a) provide a stakeholder facility (for example, under sec­ tion 29(l)) for intending residents and residents who pay deposits or progress payments in respect of occupation right agreements or uncompleted residential units or fa­ cilities at the retirement village; and (b) monitor the ﬁnancial position of the retirement village; (c) and report annually to the Registrar and residents on the per­ formance of its duties and the exercise of its powers; and 37 Part 3 s 43 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (d) perform any other duties that are imposed by this Act or any other Act, any regulations made under this Act, and any documents of appointment.
Powers of statutory supervisor 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— (a) direct the operator to supply all residents (or their nominated representatives) with the information that the statutory supervisor may specify; or direct the operator to operate the retirement village in a speciﬁed manner; or apply to the Court under section 49 of the Securities Act 1978 which applies with all necessary modiﬁcations.
(b) (c) 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 pub­ lished or distributed to the public.
Public statement by statutory supervisor 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.
Liability for loss limited 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.
43 (1) (2) 44 45 38 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 4 s 48 46 (1) (2) 47 (1) (2) 48 Statutory supervisor may require information 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.
Auditor must answer questions and supply information Auditor must answer questions and supply information The auditor of a retirement village must comply, at the op­ erator’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 receiv­ ing the request or within the further period that the person mak­ ing the request allows.
Part 4 Dispute resolution, enforcement, and penalties Dispute resolution Interpretation In this Part,— applicant means a person who gives a dispute notice under section 52 dispute resolution means the resolution of a dispute by a dis­ putes panel resident means— (a) (b) respondent means a person who is given a dispute notice under section 52. a resident of a retirement village; or a former resident.
39 Part 4 s 49 Retirement Villages Act 2003 Reprinted as at 20 September 2007 49 50 51 Resident’s rights may be exercised by personal representative Any right conferred by this Part on a resident may be exercised by his or her personal representative.

Types of dispute procedures In any retirement village there are 2 forms of dispute proced­ ure: a complaints facility and dispute resolution.
Complaints facility The operator must operate and make known to the residents of a retirement village a facility for dealing with complaints by the residents.

Resident or operator may require dispute resolution 52 (1) A resident or the operator may require that a dispute be re­ solved by a disputes panel by giving the other party or parties a dispute notice.
(2) A resident may not require resolution of a dispute (other than a dispute referred to in section 53(3)) by a disputes panel un­ less— (a) the dispute has earlier been referred to the complaints facility; and 20 working days have elapsed since referral to the com­ plaints facility.
(b) (3) An operator may not require resolution of a dispute by a dis­ putes panel unless— (a) the operator has notiﬁed the resident concerned of the dispute; and the operator has made reasonable efforts to resolve the dispute with the resident; and 20 working days have elapsed since the resident was notiﬁed.
(b) (c) 53 Types of dispute for which resident may give dispute notice (1) A resident may give a dispute notice for the resolution of a dispute concerning any of the operator’s decisions— 40 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 4 s 54 (a) (b) (c) (d) affecting the resident’s occupation right or right to ac­ cess services or facilities; or relating to changes to charges for outgoings or access to services or facilities imposed or payable under the resident’s occupation right agreement; or relating to the charges or deductions imposed as a re­ sult of the resident’s occupation right coming to an end for any reason or relating to money due to the resident under the resident’s occupation right agreement follow­ ing termination or avoidance under section 31 of the resident’s occupation right agreement; or relating to an alleged breach of a right referred to in the code of residents’ rights or of the code of practice.
(2) 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.
(3) 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.
(4) 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— (a) (b) another resident of the retirement village; or in another resident’s residential unit with that other resi­ dent’s permission.

54 Types of dispute for which operator may give dispute notice (1) An operator may give a dispute notice concerning any of the matters referred to in section 53(1)(a) to (c).
(2) An operator may give a dispute notice concerning the oper­ ation of section 31(1) and (2) on the grounds of alleged contra­ vention of section 18(3) or section 25(1) or section 27 or sec­ tion 30(1).
41 Part 4 s 55 Retirement Villages Act 2003 Reprinted as at 20 September 2007 55 (1) (2) (3) Operator must notify statutory supervisor of certain disputes 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— (a) the operator considers that the outcome of the dispute may affect— (i) a signiﬁcant number of the retirement village’s residents; or the general operation of the village; or the operator’s rights and obligations under the deed of supervision; or (ii) (iii) (b) the dispute notice has been given under section 53(3).
The operator must, immediately after forwarding a dispute no­ tice 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.
56 Form of dispute notice (1) A dispute notice must— (a) (b) (c) (d) (e) be written; and identify the decision or decisions, or matters, in respect of which it is made; and identify the person or persons in respect of whom it is made, if not the operator; and state the grounds on which it is made; and state the efforts that have been made to resolve the dis­ pute.

(2) A dispute notice is valid if it substantially complies with sub­ section (1).
Time for giving dispute notice 57 (1) A dispute notice must be given within 6 months after the dis­ pute 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.

42 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 4 s 58 (2) However, a dispute notice may be given after 6 months if the parties to the dispute agree.
(3) 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 respon­ sibilities of an operator under the provisions of the code of practice relating to the disposal of vacant residential units.
Subsection (1) was amended, as from 15 December 2005, by section 6 Retire­ ment Villages Amendment Act 2005 (2005 No 113) by substituting the words “dispute notice given” for the word “complaint”.

(4) 58 (1) (2) (3) (4) Retirement Commissioner approves persons eligible for appointment to disputes panel The Retirement Commissioner must maintain and publish a list of persons whom the Commissioner has approved for ap­ pointment as a member of a disputes panel.
The Retirement Commissioner’s approval may be— (a) (b) general, for appointment to any disputes panel; or speciﬁc, for appointment to a particular disputes panel; or on the terms and conditions that the Commissioner thinks appropriate.

(c) 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 per­ son from the list if that person,— (a) in the Commissioner’s opinion, is unable to perform the duties of a member of a disputes panel; or has died; or had been adjudicated bankrupt; or has requested the removal of his or her name; or has been on the list for more than 5 years; or for any other sufﬁcient reason should not, in the Com­ missioner’s opinion, be appointed to a disputes panel.
(b) (c) (d) (e) (f) (5) The Retirement Commissioner may restore a person to the list whose name has been removed under subsection (4) if the 43 Part 4 s 59 Retirement Villages Act 2003 Reprinted as at 20 September 2007 Commissioner again approves that person for appointment as a member of a disputes panel.

59 (1) (2) 60 (1) (2) Operator must appoint 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— (a) the operator has received the dispute notice, in the case of a notice given by a resident; or the operator has given a resident the dispute notice, in the case of a notice given by the operator.

(b) Composition of disputes panel The operator must appoint 1 or more independent persons to form the disputes panel.

The operator must consult the other parties to the dispute be­ fore making an appointment.
(3) A person must not be appointed a member of a disputes panel unless that person’s name appears on the Retirement Commis­ sioner’s list under section 58(1).

In the case of a dispute referred to in section 53(3),— (a) (4) the operator must appoint at least 3 members to the panel; and 1 of the members must be a retired Judge or have held a practising certiﬁcate as a barrister or solicitor for at least 7 years; and the person referred to in paragraph (b) must chair the panel.
(b) (c) 61 Disputes panel must disclose interests and previous involvement (1) A person asked by an operator to become a member of a dis­ putes panel to resolve a dispute must disclose to the operator— every interest that the person has in the operator, other (a) than the interest the person has in the operator because the operator is responsible for engaging and paying the person to resolve the dispute; and 44 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 4 s 63 (b) any association between that person and any resident who is involved in the dispute.
(2) A member of a disputes panel to which an operator proposes to allocate a dispute for resolution must disclose to the oper­ ator any previous involvement that the member has had in the dispute other than as a member of the disputes panel.
62 Operator’s duties to secure independence of disputes panel (1) An operator must not appoint as a member of a disputes panel— (a) (b) (c) a person employed or engaged, or who was formerly employed or engaged, by the operator in any other cap­ acity; or a person who discloses to the operator any interest in the operator other than the interest the person has in the operator because the operator is responsible for engag­ ing and paying the person to resolve the dispute; or if the operator is a religious or charitable organisation, a person who is or has been an ofﬁce holder in that organisation.
(2) An operator must appoint the members of a disputes panel on contracts for services.

(3) An operator must not include in a member of a disputes panel’s contract any term or condition that could have the effect, di­ rectly or indirectly, of inﬂuencing the disputes panel or that member, when conducting a dispute resolution, in favour of— (a) (b) the operator; or any particular resident or other person involved in the dispute.
(4) 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.
63 Meaning of previous involvement in dispute (1) For the purposes of sections 61 and 62, a person has a previ­ ous involvement in a dispute between a resident and another 45 Part 4 s 64 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (2) 64 65 (1) (2) (3) (4) 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 involve­ ment.

Conduct of hearing 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.
(b) Hearing must be held In the course of conducting a dispute resolution, the disputes panel must hold a hearing unless— (a) the applicant withdraws the dispute resolution notice; or the applicant and respondent agree not to have a hear­ ing; or the panel refuses to hear the dispute.

(c) 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— (a) agreed to by the applicant, the respondent, and the dis­ putes panel; or decided on by the disputes panel, if those persons do not agree.

(b) The disputes panel must take all practicable steps to ensure that notice of the time and place of the hearing is given— (a) to every person entitled to be present and heard at the hearing; and at least 7 days before the date of the hearing.
(b) Panel may refuse to hear dispute 66 (1) A disputes panel may refuse to hear, or continue to hear, a dis­ pute if the panel considers, after consulting with the parties,— that the dispute is frivolous or vexatious or an abuse of (a) process; or 46 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 4 s 67 (b) (c) that the dispute should be heard by a court of law; or that the panel should not hear it for any other sufﬁcient reason.
(2) 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 District Court for hearing.
(3) (4) A District Court to which a dispute is referred under subsection (3)— (a) must hear and determine the dispute as if it were a dis­ putes panel, and has all the powers and duties of a dis­ putes panel under this Act: in respect of any matter not otherwise provided for, may hear and determine the dispute in accordance with the District Courts Act 1948 and the District Courts Rules 1992.
(b) 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.

(5) (6) (7) Any person against whom costs are awarded under this section must pay them within 28 days of the decision to award them.
Subsection (7) was inserted, as from 15 December 2005, by section 7 Retire­ ment Villages Amendment Act 2005 (2005 No 113).

67 (1) (2) Evidence and attendance 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.
47 Part 4 s 68 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (3) (4) 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,— (a) the person gives the disputes panel a reasonable excuse for the person’s non­attendance; and the disputes panel considers that a decision should not be made until the person has been heard.
(b) The disputes panel may allow 1 or more parties to be repre­ sented, whether by counsel or otherwise, and to question the other party as it considers appropriate, having regard to— (a) (b) (c) (d) the nature of the dispute; and the amounts or matters involved; and the implications for the party of an adverse ﬁnding; and the ability of the party to address issues personally.
68 Matters that disputes panel must take into account in deciding certain disputes The matters that a disputes panel must take into account in deciding a dispute referred to in section 53(3) include— (a) (b) (c) the relevant real estate market; and the age and condition of the retirement village; and the effect of the panel’s decision on other residents of the retirement village and on the ﬁnancial stability of the village.
Powers of disputes panel 69 (1) A disputes panel may— (a) (b) (c) (d) amend an occupation right agreement so that it complies with any applicable code of practice or section 27(1); or order any party to comply with its obligations under an occupation right agreement or the code of practice, or to give effect to a right referred to in the code of residents’ rights; or in the case of a dispute with the operator concerning the liability for, or payment of, any monetary amount, order the operator or, as the case may be, the resident to pay or refund all or part of the amount in dispute; or in the case of a dispute where the operator is not a party to the dispute,— 48 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 4 s 70 (2) 70 (1) (i) (ii) order a party to return to the other party speciﬁc property not exceeding $1,000 in value; or order a party to pay the other party an amount by way of compensation not exceeding $1,000; or (e) not impose any other obligation other than in relation to the payment of costs on any party.
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 vil­ lage is exempted from complying, but the disputes panel must make the amendment subject to that exemption while it is in force.
(b) (c) (d) Additional powers of disputes panel in certain disputes In a dispute referred to in section 53(3), a disputes panel may make 1 or more of the following orders: (a) an order that the operator must market the residential unit concerned in a particular way, or at a particular price: an order that the operator must pay the resident a sum in compensation: an order that the operator must pay the resident interest not exceeding the rate of interest prescribed under sec­ tion 87 of the Judicature Act 1908: an order that the operator,— (i) if the resident has a legal or equitable estate or interest in the residential unit, must buy the resi­ dent’s estate or interest at a price and within the time ﬁxed by the panel; or in any other case, must pay the resident a sum ﬁxed by the panel within a time ﬁxed by the panel as if the operator had disposed of the residential unit.
(ii) (2) (3) (4) The panel must not make an order under subsection (1)(d) un­ less 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),— 49 Part 4 s 71 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (a) (b) suspend the operation of the order until a speciﬁed date: adjourn the hearing to a speciﬁed date to review an order or orders that it has made.

71 (1) (2) (3) Record of decision The disputes panel must record in writing its ﬁndings on ma­ terial issues of fact and the reasons for its decision resolving a dispute.
The panel must give each party, and the operator (if the oper­ ator 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 Retire­ ment Commissioner on request.
Effect and enforcement of dispute resolution decisions 72 (1) A dispute resolution decision in relation to a dispute with an operator is binding on the applicant and the respondent.

(2) A dispute resolution decision in relation to a dispute with an­ other 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.
(3) (4) An order made by a disputes panel— (a) (b) has effect and is enforceable as if it were an order of— the District Court if a District Court had jurisdic­ (i) tion to hear the dispute as a court of ﬁrst instance; or the High Court in any other case: (ii) if it is an order to pay money, creates a judgement debt.
Effect of vacancy in panel membership 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.
73 50 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 4 s 74 74 (1) Costs on dispute resolution The operator that appoints a disputes panel is responsible for meeting all the costs incurred by the disputes panel in conduct­ ing a dispute resolution, whether or not the operator is a party to the dispute.
(2) Whether or not there is a hearing, the disputes panel may— (a) (b) (c) (d) award the applicant costs and expenses if the disputes panel makes a dispute resolution decision fully or sub­ stantially in favour of the applicant: award the applicant costs and expenses if the disputes panel does not make a dispute resolution decision in favour of the applicant but considers that the applicant acted reasonably in applying for the dispute resolution: award any other person costs and expenses if the dis­ putes panel makes a dispute resolution decision fully or substantially in favour of that person: in a dispute where the operator is not a party to the dispute, award to the operator, by way of refund, all or part of the costs incurred by the disputes panel in conducting a dispute resolution.
(3) The disputes panel must make a decision whether to award costs and expenses under this section and the amount of any award— (a) after having regard to the reasonableness of the costs and expenses and the amount of any award incurred by the applicant or other person in the circumstances of the particular case; and after taking into account the amount or value of the mat­ ters in dispute, the relative importance of the matters in dispute to the respective parties, and the conduct of the parties; and in accordance with, and subject to any limitations pre­ scribed in, any regulations made under this Act for the purpose.
(b) (c) (4) Any person against whom costs and expenses are awarded under this section must pay them within 28 days of the de­ cision to award them.

51 Part 4 s 75 Retirement Villages Act 2003 Reprinted as at 20 September 2007 Appeal to District or High Court 75 (1) Any party to a dispute resolution may appeal against the deci­ sion of the disputes panel or District Court resolving the dis­ pute.
The appeal is to— (a) (2) (b) the nearest District Court if a District Court had juris­ diction to hear the dispute as a court of ﬁrst instance; or in the case of a dispute referred to a District Court under section 66(3), the High Court; or the High Court in any other case.

(c) 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.
Enforcement and penalties Jurisdiction of High Court In accordance with sections 79 to 86, the High Court must hear and determine the following matters: (a) appeals from criminal proceedings in a District Court for offences against section 79: applications for injunctions under section 80: applications for orders under sections 81 and 82.
(b) (c) Compare: 1986 No 5 s 37 Jurisdiction of District Court In accordance with sections 79 to 86, the District Court must hear and determine the following matters: (a) (b) Compare: 1986 No 5 s 38 proceedings for offences against section 79: applications for orders under sections 81 and 82.
Jurisdiction of Disputes Tribunal In accordance with sections 76 to 83, a Disputes Tribunal established under section 4 of the Disputes Tribunals Act (3) (4) (5) (6) 76 77 78 52 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 4 s 79 1988 has jurisdiction to hear and determine applications for orders under section 82(3)(c) to (e).
Compare: 1986 No 5 s 39 79 (1) (2) (3) (4) (5) Contraventions of certain provisions an offence Every person commits an offence who, without reasonable ex­ cuse, 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 summary convic­ tion,— (a) in the case of a person other than a body corporate, to a ﬁne not exceeding $30,000; or in the case of a body corporate, to a ﬁne not exceeding $100,000.
(b) 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 summary conviction,— (a) in the case of a person other than a body corporate, to a ﬁne not exceeding $15,000; or in the case of a body corporate, to a ﬁne not exceeding $50,000.
(b) Every person commits an offence who, without reasonable ex­ cuse, contravenes any of sections 13, 16, 26, 70(2), 92(2), 95(2), 96(4), or 98(2) and (3) and is liable on summary con­ viction,— (a) in the case of a person other than a body corporate, to a ﬁne not exceeding $5,000; or in the case of a body corporate, to a ﬁne not exceeding $10,000.
(b) Every auditor of a retirement village commits an offence who fails to comply with any reasonable request made under sec­ tion 47 by the statutory supervisor, the Registrar, or the Retire­ ment Commissioner and is liable on summary 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 sec­ 53 Part 4 s 80 Retirement Villages Act 2003 Reprinted as at 20 September 2007 tion 46 and is liable on summary conviction to a ﬁne not ex­ ceeding $10,000.

Every person commits an offence who, without reasonable ex­ cuse, contravenes any other provision of this Act and is liable on summary 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.
Compare: 1986 No 5 s 40 Injunctions may be granted by Court for contravention of certain provisions 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: a contravention of any of sections 25 to 33: (a) an attempt to contravene any of those provisions: (b) aiding, abetting, counselling, or procuring any other (c) person to contravene any of those provisions: inducing, or attempting to induce, any other person, whether by threats, promises or otherwise, to contra­ vene any of those provisions: being in any way directly or indirectly knowingly con­ cerned in, or party to, the contravention by any other person of any of those provisions: conspiring with any other person to contravene any of those provisions.
(d) (e) (f) 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,— (a) if it is satisﬁed that the person has engaged in conduct of that kind, grant an injunction restraining the person from engaging in conduct of that kind; or if, in the opinion of the Court, it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind.
(b) (6) (7) 80 (1) (2) (3) 54 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 4 s 81 (4) 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,— (a) (5) if it appears to the Court that, in the event that an in­ junction is not granted, it is likely that the person will engage in conduct of that kind, grant an injunction re­ straining the person from engaging in conduct of that kind; or if, in the opinion of the Court, it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind.
(b) (6) 81 (1) To avoid doubt, an injunction referred to in subsection (5) may be granted— (a) whether or not the person has previously engaged in conduct of that kind; and (b) whether or not there is an imminent danger of substan­ tial damage to any person if the ﬁrst­mentioned person engages in conduct of that kind.
Compare: 1986 No 5 s 41 Order to disclose information or publish advertisement 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 contraven­ tion 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: (a) an order requiring that person, or any other person in­ volved in the contravention, to disclose, at that person’s own expense, to the public, or to a particular person or to persons included in a particular class of persons, in any manner speciﬁed in the order, any applicable in­ formation or applicable information of any kind that is speciﬁed: 55 Part 4 s 82 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (b) an order requiring that person, or any other person in­ volved in the contravention, to publish, at that person’s own expense, in any manner and at any times that are speciﬁed in the order, corrective statements the terms of which are speciﬁed in, or are to be determined in ac­ cordance with, the order.
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.
Compare: 1986 No 5 s 42 Other orders The Court may make all or any of the orders referred to in sub­ section (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 per­ son, 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 consti­ tute— (a) (b) a contravention of any of sections 25 to 33; or aiding, abetting, counselling, or procuring the contra­ vention of any of those provisions; or inducing by threats, promises, or otherwise the contra­ vention of any of those provisions; or being in any way directly or indirectly knowingly con­ cerned in, or party to, the contravention of any of those provisions; or conspiring with any other person in the contravention of any of those provisions.
(c) (d) (e) 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: (a) an order declaring the whole or any part of an occu­ pation right agreement made between the person who suffered, or is likely to suffer, the loss or damage and the person who engaged in the conduct referred to in (2) 82 (1) (2) (3) 56 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 4 s 83 subsection (1), or of a collateral arrangement relating to that occupation right agreement, to be void and, if the Court thinks ﬁt,— (i) (ii) to have been void from the beginning; or at all times on and after any date, before the date on which the order is made, that is speciﬁed in the order: an order varying that occupation right agreement or ar­ rangement in any manner that is speciﬁed in the order and, if the Court thinks ﬁt, declaring the agreement or arrangement to have had effect as so varied on and after any date, before the date on which the order is made, that is speciﬁed in the order: an order directing the person who engaged in the con­ duct referred to in subsection (1) to refund money or return property to the person who suffered the loss or damage: an order directing the person who engaged in the con­ duct referred to in subsection (1) to pay to the person who suffered the loss or damage the amount of the loss or damage: an order directing the person who engaged in the con­ duct referred to in subsection (1), at that person’s own expense, to supply speciﬁed services to the person who suffered, or is likely to suffer, the loss or damage.
(b) (c) (d) (e) Compare: 1986 No 5 s 43(1), (2) 83 Monetary limits and exercise of jurisdiction (1) In the exercise of its jurisdiction under section 82, a District Court must not— (a) make any order under section 82(3) in any case where the value of the consideration for the promise or act of any party to the occupation right agreement or collateral arrangement exceeds $200,000: (b) make an order under section 82(3)(b) in any case where the value of the consideration for the promise or act of any party to the occupation right agreement or arrange­ ment exceeds $200,000: 57 Part 4 s 84 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (2) (c) make an order under section 82(3)(c) directing a person to refund money or return property if the amount of money or the value of the property exceeds $200,000: (d) make an order under section 82(3)(d) requiring a person to pay an amount exceeding $200,000: (e) make an order under section 82(3)(e) directing a person to supply services if the value of the services exceeds $200,000.
In the exercise of its jurisdiction under section 82, a Disputes Tribunal must not— (a) make an order under section 82(3)(c) directing a person to refund money or return property if the amount of money or the value of the property exceeds $7,500: (b) make an order under section 82(3)(d) requiring a person to pay an amount exceeding $7,500: (c) make an order under section 82(3)(e) directing a person to supply services if the value of the services exceeds $7,500.
(3) Despite subsection (2), if, in respect of any proceedings prop­ erly before a Disputes Tribunal, the jurisdiction of the Tribunal has been extended under an agreement made under section 13 of the Disputes Tribunals Act 1988, subsection (2) must be read as if every reference in that subsection to $7,500 were a reference to $12,000.
Compare: 1986 No 5 s 43(3), (4), (4A) General provisions relating to section 82 orders 84 (1) 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.

(2) An order made under section 82(3)(a) or (b) does not prevent proceedings being instituted or commenced under sections 79 to 86.
(3) Nothing in section 82 or section 83 limits or affects the Illegal Contracts Act 1970.

58 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 4 s 85 (4) For the purposes of sections 81 and 82, a reference to Court includes a reference to a District Court and also, for the pur­ poses of section 82, a Disputes Tribunal.

(5) Nothing in section 82 or section 83 affects section 317 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.
Compare: 1986 No 5 s 43(5)­(9) 85 (1) (2) (3) (b) (c) Defences It is a defence to a prosecution for an offence against section 79 if the defendant proves— (a) that the contravention was due to a reasonable mistake; or that the contravention was due to reasonable reliance on information or legal advice supplied by another person; or that— (i) the contravention was due to the act or default of another person, or to an accident or to another cause beyond the defendant’s control; and the defendant took reasonable precautions and exercised due diligence to avoid the contraven­ tion.
(ii) (b) For the purposes of subsection (1)(b) and (c), another person does not include— (a) a servant or agent of the defendant (other than a lawyer); or if the defendant is a body corporate, a director, servant, or agent of the defendant (other than a lawyer).
It is a defence to a prosecution for an offence against section 79 or to any other proceedings under sections 80 to 86, in re­ lation to a contravention of a provision committed by the pub­ lication of an advertisement, if the defendant proves— (a) that the defendant’s business is publishing or arranging for the publication of advertisements; and that the defendant received the advertisement or the in­ formation contained in the advertisement, as the case may be, in the ordinary course of that business and did not know and had no reason to suspect that the pub­ (b) 59 Part 4 s 86 Retirement Villages Act 2003 Reprinted as at 20 September 2007 lication of the advertisement or the publication of the advertisement containing that information, as the case may be, would constitute a contravention of the provi­ sion.
Compare: 1986 No 5 s 44(1), (2).
(4) Finding in proceedings to be evidence In any application for an order against a person under sec­ tion 82, a ﬁnding of any fact made in proceedings for an in­ junction under section 80 or for an order under section 81 or for an offence under section 79 (being proceedings before the High Court or a 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— (a) (b) may be proved by production of a document under the seal of the High Court or District Court, as the case may be, in which the ﬁnding was made.
prima facie evidence of that fact; and Compare: 1986 No 5 s 46 Part 5 Registrar of Retirement Villages, code of practice, and miscellaneous matters Registrar of Retirement Villages Appointment of Registrar There must be a Registrar of Retirement Villages who must be appointed under the State Sector Act 1988 by the chief ex­ ecutive 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.
Power of Registrar to delegate The Registrar may from time to time, in writing, delegate to any person all or any of the functions, duties, and powers ex­ 86 87 (1) (2) 88 (1) 60 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 5 s 89 (3) (2) ercisable 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.

(4) 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 func­ tion, 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.
(6) (5) Code of practice 89 (1) (2) Code of practice must be prepared and published The Minister may approve 1 of the draft codes of practice sub­ mitted to the Minister by any retirement village, group of re­ tirement villages, or association of operators of a retirement village as the code of practice applicable to all retirement vil­ lages, after considering any recommendations of the Retire­ ment Commissioner made in accordance with subsection (2).
Before making a recommendation to the Minister for the pur­ poses 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— (a) (b) operators of retirement villages; or residents or intending residents; or 61 Part 5 s 90 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (3) (4) statutory supervisors; or other persons.
(c) (d) 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 prac­ tice after considering any recommendations of— the Retirement Commissioner; and (a) any groups of persons or bodies that, in the opinion of (b) the Minister, represent the interests of operators of re­ tirement villages, residents or intending residents, statu­ tory supervisors, or other persons.
(5) A draft code of practice submitted under subsection (1) or a code of practice prepared under subsection (4) must— (a) specify rules of practice in relation to every matter that the code is required by Schedule 5 to address: be consistent with the rights referred to in the code of residents’ rights.
(b) The Minister must publish in the Gazette notice of— (a) the approval of any code of practice approved by the Minister under subsection (1) or subsection (4) and any variation under section 90(4); and the place or places at which copies of the code and any variation can be obtained.
(b) Duration and variation of code of practice The code of practice— (a) comes into force,— (i) (ii) in the case of the ﬁrst code of practice, 1 year after it is approved under section 89(1) or (4): in the case of any subsequent code of practice approved under section 89(1), on the date stated by the Minister in the document approving the code; and (b) continues in force until a subsequent code of practice approved under section 89(1) comes into force.
(6) 90 (1) 62 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 5 s 91 (2) 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— (a) (b) the Registrar; and the statutory supervisor of the village (if there is one); and every resident and intending resident of the retirement village.
(c) (3) (4) If an operator elects, under subsection (2), to be bound by a code of practice that is not yet in force,— (a) that code must for all purposes be treated as if it were in force in respect of that operator and the retirement village to which the election relates; and any earlier code of practice ceases to apply to that op­ erator and the retirement village to which the election relates.
(b) The code of practice approved under section 89(1) or (4) maybe varied by the Minister after considering any rec­ ommendations of— (a) (b) the Retirement Commissioner; and any groups of persons or bodies that, in the opinion of the Minister, represent the interests of operators of re­ tirement villages, residents or intending residents, statu­ tory supervisors, or other persons.

(5) Any variation by the Minister comes into force on the date stated by the Minister in the document making the variation.
91 (1) Retirement Commissioner to provide publication information Before making any recommendation under section 89 or sec­ tion 90(4), the Retirement Commissioner must give public no­ tice of— (a) the places at which the public may inspect or obtain, without charge,— the draft code of practice under consideration; or (i) (ii) the proposed variation under consideration: the last date on which the Retirement Commissioner will receive written submissions on the draft code of (b) 63 Part 5 s 92 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (2) practice or variation (which date must not be less than 1 month after the date of the publication of the notice).
The Retirement Commissioner must also ensure that the infor­ mation required to be given by public notice under subsection (1) can be accessed by the public at a website maintained by the Commissioner.

Status of code of practice 92 (1) A code of practice is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but not for the pur­ poses of the Acts and Regulations Publication Act 1989.
(2) While a code of practice is in force, it— (a) must be complied with by— (i) (ii) every operator of a retirement village: every receiver or liquidator or statutory manager of an operator or the property of the operator; and is enforceable as a contract by a resident and prevails over any less favourable provision in his or her occupa­ tion right agreement; and (b) (c) must be given effect to in any occupation right agree­ ment offered to a resident.
(3) 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 resi­ dent on request.

Subsection (2) is subject to section 93.


(5) (4) 93 (1) Exemption from requirement to comply with code of practice 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.
(2) An operator applies to the Registrar for an exemption by— 64 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 5 s 94 (3) (4) (5) (a) completing the prescribed form and delivering it to the Registrar; and paying the prescribed fee.

(b) The Registrar may exempt the operator on the terms and con­ ditions, 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— (a) (b) the ground for the exemption no longer applies; or the operator has not complied with its terms and condi­ tions.

The Registrar must give notice of the revocation or variation of an exemption as soon as possible to— (a) (b) the statutory supervisor (if there is one); and the operator.
Registered ofﬁce of retirement village Registered ofﬁce 94 (1) A retirement village must always have a registered ofﬁce in (2) (3) 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 regis­ ter maintained under Schedule 1 at that time.
The description of the registered ofﬁce must— (a) (b) state the address of the registered ofﬁce; and if the registered ofﬁce is at the ofﬁces of any ﬁrm of chartered accountants, barristers and solicitors, or any other person, state— (i) that the registered ofﬁce of the retirement village is at the ofﬁces of that ﬁrm or person; and particulars of the location in any building of those ofﬁces; or (ii) (c) if the registered ofﬁce is not at the ofﬁces of any such ﬁrm or person but is located in a building occupied by persons other than the retirement village, state particu­ lars of its location in the building.
Compare: 1993 No 105 s 186 65 Part 5 s 95 Retirement Villages Act 2003 Reprinted as at 20 September 2007 Change of registered ofﬁce 95 (1) Change of registered ofﬁce The operators of a retirement village may change the regis­ tered ofﬁce of the retirement village at any time.

(2) Notice in the prescribed form of the change must be given to (3) 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.

Compare: 1993 No 105 s 187 Address for service of retirement village Address for service 96 (1) 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.
(2) A retirement village’s address for service must not be at a (3) postal centre or document exchange.

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

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

(5) 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.
Compare: 1993 No 105 s 193 Registrar’s powers of inspection Registrar’s powers of inspection The Registrar or a person authorised by the Registrar may,(a) for the purpose of— (i) ascertaining whether a retirement village or operator complies, or has complied, with this Act or the Financial Reporting Act 1993; or 97 (1) 66 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 5 s 98 (ii) (iii) (b) ascertaining whether the Registrar should exercise any of his or her rights or powers under this Act or the Financial Reporting Act 1993; or detecting offences against this Act or the Financial Reporting Act 1993; and if, in the Registrar’s opinion, it is in the public interest to do so,— (i) (ii) inspect and take copies of relevant documents; or take possession of relevant documents and re­ move them from the place where they are kept, and retain them for a reasonable time, for the pur­ pose of taking copies; or retain relevant documents for a period that is, in all the circumstances reasonable, if there are reasonable grounds for believing that they are evidence of the commission of an offence.
(iii) (2) Nothing in this section affects the Tax Administration Act 1994 or the Statistics Act 1975.

(4) (3) 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— (a) (b) money or other property that is, or has been, managed, supervised, controlled, or held in trust by or for the re­ tirement village.

the retirement village; or (5) Nothing in this section requires any person to produce a docu­ ment if that person could refuse to produce that document in proceedings on the grounds of any privilege available in a court of law.
98 (1) Disclosure of information and reports Subsection (2) applies if a person authorised by the Registrar for the purpose of section 97 has— (a) obtained a document or information in the course of making an inspection under that section; or 67 Part 5 s 98 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (b) prepared a report in relation to an inspection under that section.
(c) (2) If this subsection applies, a person must, if directed to do so by the Registrar, give the document, information, or report to— (a) (b) the Minister; or the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act; or the ofﬁcial assignee, for the purposes of the bankruptcy of an operator of a retirement village; or any person authorised by the Registrar to receive the document, information, or report for the purposes of this Act or in connection with the exercise of powers conferred by this Act; or a liquidator for the purposes of the liquidation of a re­ tirement village or an operator of a retirement village.
(3) A person authorised ­ by the Registrar for the purposes of sec­ (d) (e) tion 97 who has— (a) obtained a document or information in the course of making an inspection under that section; or prepared a report in relation to an inspection under that section— (b) (4) 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) obtained a document or information in the course of making an inspection under that section; or prepared a report in relation to an inspection under that section.
(b) (5) A person to whom this subsection applies must not disclose that document, information, or report except— (a) (b) in accordance with subsection (2) or subsection (3); or subject to the approval of the Registrar, with the con sent of the person to whom it relates; or subject to the approval of the Registrar, for the purposes of this Act or in connection with the exercise of powers conferred by this Act; or (c) 68 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 5 s 101 (d) (e) (f) to the extent that the information, or information con­ tained in the document or report, is available under any Act or in a public document; or subject to the approval of the Registrar, to a liquidator for the purposes of the liquidation of a company or the assets of an overseas company; or in the course of criminal proceedings.
99 (1) (2) Certain provisions of Companies Act 1993 apply the Companies Act Sections 364 and 388 to 392 of 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 re­ spect of the disclosure of information or reports referred to in section 97, with any necessary modiﬁcations.
100 Deeds of participation If a deed of participation relating to the supervision of a retire­ ment village that was entered into before the commencement of section 38 contains any provision that is inconsistent with this Act, that provision is void.
101 Regulations (1) The Governor­General may, by Order in Council, make regu­ lations for all or any of the following purposes: (a) regulating advertising undertaken in connection with the promotion of retirement villages and the terms and form of disclosure statements to be used for the pur­ poses of this Act: specifying the matters to be included in applications for registration and the documents required to accompany those applications: prescribing interest on amounts for which interest is re­ quired to be paid: specifying matters to be included in occupation right agreements: (b) (c) (d) 69 Part 5 s 102 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (e) (f) (g) (h) (i) (j) specifying information, provisions, and matters to be included in a deed of supervision: conferring any powers or duties on the Retirement Commissioner or statutory supervisors or both: regulating the manner in which disputes panels must conduct their hearings: specifying the matters for which fees and charges must be paid under this Act or regulations made under this Act: prescribing forms for the purposes of this Act: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
(2) Without limiting the generality of subsection (1)(a), regula­ tions may be made under that provision— (a) prescribing the information, statements, certiﬁcates, documents, or other matters that must or must not be contained in, or endorsed on, or attached to, adver­ tisements or disclosure statements, either generally or in respect of any speciﬁed class of advertisement or disclosure statement; or prohibiting or restricting the use in advertisements or disclosure statements of prescribed words, information, statements, sounds, and images, graphics, or other mat­ ters, either generally or in respect of any speciﬁed class of advertisement or disclosure statement; or prescribing requirements as to the layout or method of presentation of any advertisement, or disclosure state­ ment and the size of type used in those advertisements or disclosure statements, either generally or in respect of any speciﬁed class of advertisement or disclosure state­ ment.
(b) (c) 102 Fees and charges (1) Without limiting the generality of section 101, regulations may be made under that section prescribing— (a) fees or other amounts payable to the Registrar or the Registrar­General of Land in respect of the performance 70 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 5 s 103 (c) (b) of functions and the exercise of powers under this Act or regulations made under this Act: amounts payable to the Registrar by way of penalty for failure to deliver a document within the time prescribed by this Act or regulations made under this Act: fees or other amounts payable to the Registrar or the Registrar­General of Land in respect of any other matter under this Act or regulations made under this Act.
The Registrar or the Registrar­General 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 Registrar­General of Land to waive, in whole or in part and on any conditions prescribed, payment of any amount referred to in subsection (1)(b).
(2) (3) (4) Any fee or amount payable to the Registrar or the Registrar­ General of Land is recoverable in any court of competent jur­ isdiction as a debt due to the Crown.

(2) 103 Regulations deﬁning retirement villages (1) The Governor­General 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— (a) to prevent the avoidance of obligations under this Act as a consequence of any scheme or arrangement; or to clarify whether— (i) (ii) speciﬁc property, buildings, or other premises; or property, buildings, or other premises of a speci­ ﬁed class— (b) whose status is in doubt are or are not a retirement vil­ lage.
71 Part 5 s 104 Retirement Villages Act 2003 Reprinted as at 20 September 2007 104 Regulations prescribing criteria for exemptions under (1) (2) section 41 The Governor­General 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 ap­ point 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 un­ desirable.
105 Regulations prescribing criteria for exemptions under (1) (2) section 93 The Governor­General 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 re­ lates to the grant of exemptions from the requirement to com­ ply 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 compli­ ance with the provision or provisions that are the subject of the exemption is unnecessary for the protection of residents’ interests or undesirable.
106 Notices (1) Any notice under this Act may be given to any person by de­ livering it to that person either personally or by leaving it at, or sending it to, the person’s last known or usual place of resi­ dence 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 (2) 72 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Part 5 s 109 at the time when it would in the ordinary course of post be delivered.
107 Acts not to apply (1) Neither the Securities Act 1978 nor the Residential Tenancies Act 1986— (a) applies to— (i) (ii) (iii) any offer of occupation; or any occupation right agreement; or any advertisement for occupation of a retirement village; or (2) (b) applies to any rights or obligations on a resident or op­ erator of a retirement village acting in that capacity.
To avoid doubt, subsection (1) does not exempt any person from the application of any provision of the Securities Act 1978— (a) in relation to the offer of any securities (other than a security arising out of a matter referred to in subsection (1)(a)),— in the retirement village; or (i) (ii) by any operator of a retirement village; or in relation to an offer of securities to any person who is already a resident and who is not obliged to subscribe to the securities by an occupation right agreement.
(b) 108 Amendment to Corporations (Investigation and of Management) Act 1989 Section and 11 Management) Act 1989 is amended by inserting, after the words “Securities Act 1978”, the words “or the Retirement Villages Act 2003”.
the Corporations (Investigation 109 Amendments to Financial Reporting Act 1993 (1) Section 4(1) of the Financial Reporting Act 1993 is amended by adding the following paragraph: every operator within the meaning of the Retirement Villages Act 2003 (other than a receiver or liquidator, or a person who has no ﬁnancial interest in the village).” “(e) 73 Part 5 s 110 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (2) Section 9A of the Financial Reporting Act 1993 is amended by adding the following subsections: “(4) Subsection (5) applies if— “(5) “(a) “(b) the ﬁnancial statements of an operator of a retirement village (as those terms are deﬁned in sections 5 and 6 of the Retirement Villages Act 2003) include the activities of— “(i) more than 1 retirement village; or “(ii) another trading activity that operates independ­ ently of the retirement village; and either the statutory supervisor of the retirement village, or (if the operator is exempted under section 41 of that Act from appointing a statutory supervisor) the Regis­ trar, as a condition of that exemption, requires the oper­ ator to comply with subsection (5).
If this subsection applies, any requirement for an operator of a retirement village to prepare ﬁnancial statements includes— a requirement to prepare ﬁnancial statements in respect “(a) of the retirement village as well as in respect of the operator; and a requirement to lodge a copy of both statements, within 20 working days after the ﬁnancial statements are re­ quired to be signed,— “(i) with the statutory supervisor of the retirement “(b) “(ii) village (if there is one); or if the operator is exempted from appointing a statutory supervisor, with the Registrar or with any person the Registrar appoints under a condi­ tion of that exemption.” 110 Amendment to Securities Act 1978 Section 5(1) of the Securities Act 1978 is amended by adding the following paragraph: an interest in a retirement village that is an interest exempted from this Act by section 107(1) of the Retirement Villages Act 2003.” “(k) 74 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Schedule 1 Schedule 1 Registration and register s 20 Form of register Register The Registrar must ensure that a register of retirement vil­ lages registered under Part 2, the application for registration and supporting documents, and the other documents required to be registered under this Act is kept.
The New Zealand register may be divided into different parts, which may be kept in any places in New Zealand that the Registrar determines from time to time.

The register may be— (a) (b) an electronic register; or kept in any other manner that the Registrar thinks ﬁt.

Registrar may direct transfer The Registrar may direct the transfer of part of the register and of any record relating to a retirement village from one place in New Zealand to another place in New Zealand.
Despite clause 4, the Registrar must not direct the transfer of any part of the register or of any record relating to a particular retirement village unless the operator of the retirement village has requested the transfer and written notice of the proposed transfer is given to the operator.

The Registrar must give notice in the Gazette of any transfer under clause 4 as soon as practicable after the transfer is made.
75 Schedule 1 Retirement Villages Act 2003 Reprinted as at 20 September 2007 Nothing in clauses 5 and 6 applies to the transfer of part of the register or of any record relating to a particular retirement village from one place in New Zealand to another place in New Zealand if— (a) (b) the register is an electronic register; and the transfer is of the whole of the register kept in that place.

All the records relating to a particular retirement village must be kept in the same place.
Registration of documents On receipt of an application for registration as a retirement village or any other document for registration under this Act, the Registrar must,— (a) subject to clause 10, register the document in the regis­ ter; and give written advice of the registration to the person from whom the document was received.
(b) The Registrar may refuse to register a document received by the Registrar for registration under this Act if that document— (a) (b) is not in the prescribed form, if any; or does not comply with this Act or regulations made under this Act; or is not printed or typewritten; or if the register is an electronic register, is not in a form that enables particulars to be entered directly by elec­ tronic or other means in the register; or has not been properly completed; or contains material that is not clearly legible.
(c) (d) (e) (f) If the Registrar refuses to register a document in reliance on clause 10, the Registrar must request either— (a) that the document be appropriately amended or com­ pleted and submitted for registration again; or 76 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Schedule 1 (b) that a fresh document be submitted in its place.
A document is registered when— (a) the document itself is constituted as part of the register; or particulars of the document are entered in any device or facility referred to in clause 3.

(b) Neither registration nor refusal of registration of a document by the Registrar affects, or creates a presumption as to, the validity or invalidity of the document or the correctness or otherwise of the information contained in it.
Inspection and evidence of register A person may, on payment of fees (if any) that are prescribed, inspect— (a) (b) any document that constitutes part of the register: particulars of any registered document that have been entered on the register referred to in clause 3: any registered document, particulars of which have been entered in the register.
(c) A person may, on payment of any prescribed fees, require the Registrar to give or certify— (a) a copy of, or extract from, a document that constitutes part of the register; or particulars of any registered document that have been entered in the register referred to in clause 3; or a copy of, or extract from, a registered document, par­ ticulars of which have been entered in that register.
(b) (c) A process to compel the production of— (a) (b) a registered document kept by the Registrar; or evidence of the entry of particulars of a registered docu­ ment in the register referred to in clause 3— must not issue from the Court without the leave of the Court, and, if it is issued from the Court with the leave of the Court, 77 Schedule 2 Retirement Villages Act 2003 Reprinted as at 20 September 2007 17 18 it must have a statement attached to it that it is issued with the leave of the Court.
A copy of, or extract from, a registered document— that constitutes part of the register; or (a) particulars of which have been entered in the register (b) referred to in clause 3— that is certiﬁed to be a true copy or extract by the Registrar is admissible in evidence in legal proceedings to the same extent as the original document.
An extract certiﬁed by the Registrar as containing particulars of a registered document that have been entered in the register referred to in clause 3 is, in the absence of proof to the contrary, conclusive evidence of the entry of those particulars.
Schedule 2 Disclosure statements s 30 Required information Ownership, management, and supervision A disclosure statement must contain all prescribed details re­ lating to the following: (a) the ownership structure of the retirement village and the type of occupancy right or occupancy rights offered within the retirement village: the type of interest a resident of the retirement village has in his or her residential unit, including (without limi­ tation)— (i) whether the interest can be sold or otherwise dealt with; and any conditions or restrictions on that sale or dis­ position: (ii) (b) (c) the management arrangements for the retirement vil­ lage: 1 78 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Schedule 2 (d) (e) the identity and role of the statutory supervisor (if there is one): any exemption from the requirement to appoint a statu­ tory supervisor.
2 State of village, services, charges, and accounts A disclosure statement must contain all prescribed details re­ lating to the following: (a) the state of the retirement village, including (without limitation)— (i) (ii) its stage of completion; and the numbers of occupied and unoccupied residen­ tial units; and the number of new units planned and the location, size, and effect on residents of those new units; and the actual and average time taken to date to dis­ pose of vacant residential units (if any) to new residents: (iii) (iv) (b) (c) the services and facilities offered at the retirement vil­ lage and new services or facilities planned and the loca­ tion, size, and effect on residents of those new services or facilities: charges of all kinds, including (without limitation)— (i) entry costs, transfer costs, periodical charges, and charges for maintenance, rates, and insur­ ance; and the frequency of billing; and the respective roles of the operator and the resi­ dents in setting charges: (ii) (iii) (d) (e) provision made for maintenance and refurbishment at the retirement village: the preparation, auditing, and disclosure of ﬁnancial ac­ counts for the retirement village.
3 Occupation right agreements, terminations, deductions, and estimated ﬁnancial returns A disclosure statement must contain all prescribed details re­ lating to the following: 79 Schedule 2 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (a) the cooling­off period and the right to cancel for delay provided by section 28 of the Retirement Villages Act 2003, and any additional cooling­off period or right to cancel for delay given by the occupation right agree­ ment: (b) whether the operator or a resident can vary an occupa­ tion right agreement and if so in what circumstances: the arrangements for termination of an occupation right agreement, including (without limitation)— (i) the effect of termination on the position of other persons living in the residential unit vacated by the resident; and the nature of any continuing charges following termination; and the process to be followed in ﬁnding a new resi­ dent for a vacant residential unit; and the process for determining the sum or sums to be paid by the new resident for the right to occupy the vacant residential unit and the entitlements of any resident, former resident, or the estate of a former resident in relation to that sum or sums: (ii) (iii) (iv) deductions from payments made by or due to residents, including (without limitation)— (i) deductions made on entry or exit from the retire­ ment village and deductions from periodical pay­ ments; and deductions made for the purposes of mainten­ ance, refurbishment, and development; and deductions for rates, maintenance and other out­ goings: (ii) (iii) the estimated ﬁnancial return that a resident, former resident, or the estate of a former resident, could ex­ pect to receive on the sale or other disposal of a vacant residential unit at intervals of 2 years, 5 years, and 10 years after the resident enters into an occupation right agreement; including (without limitation)— (i) how that estimated return is affected by the dura­ tion of the resident’s occupation; and (c) (d) (e) 80 Reprinted as at 20
 September 2007 Retirement Villages Act 2003 Schedule 3 (ii) whether that estimated return will be affected by a termination of the occupation right agreement arising out of a breach of the agreement by the resident or a decision of the resident to terminate the agreement voluntarily.
4 Other matters A disclosure statement must— (a) disclose whether any holder of a security interest to whom section 12(1)(b) applies has refused to consent to the registration of the village and the effect of that refusal; and contain all prescribed details of any exemption from the requirement to comply with a provision or provisions of the code of practice; and contain any other matters required to be included in the statement by the code of practice or any regulations made under the Retirement Villages Act 2003.
(b) (c) Schedule 3 Occupation right agreements s 27 Required information and provisions 1 The occupation right agreement must contain— (a) provisions in relation to the following topics: the stafﬁng of the retirement village: (i) (ii) the safety and personal security of residents: (iii) ﬁre protection and emergency management: (iv) the transfer of residents within the retirement vil­ lage: accounts: (v) meetings of residents with the operator: (vi) (vii) maintenance and upgrading: (viii) the termination of the occupation right agreement by a resident or the operator: 81 Schedule 3 Retirement Villages Act 2003 Reprinted as at 20 September 2007 (ix) communication to those for whom English is a second language or whose ability to communi­ cate is limited: (b) provisions requiring— (i) the operator and the purchaser to consult with residents before the operator’s interest in the vil­ lage is sold or otherwise disposed of: the consultation referred to in subparagraph (i) to take place— (A) at a time directed by the statutory super­ visor of the retirement village (if there is one); or in any other case, at an appropriate time that is a reasonable time before settlement of the transaction: (B) the operator to consult with residents before ap­ pointing a new manager: the operator to consult with the residents about any proposed changes in the services and bene­ ﬁts provided or the charges that the residents pay that will or might have a material impact on the residents’ occupancy or ability to pay for the ser­ vices and beneﬁts provided: the operator, the people who work at the village, and the people who provide services at the vil­ lage, to treat the residents with courtesy and to respect the rights of residents: the operator, the people who work at the village, and the people who provide services at the vil­ lage, not to exploit the residents: (ii) (iii) (iv) (v) (vi) (c) (d) (e) provision for a complaints facility and disputes pro­ cedure that complies with the Retirement Villages Act 2003: any provisions required
 by the Retirement Villages Act 2003 or regulations made under that Act: any provisions required by the code of practice, unless the operator is exempt from the requirement to comply with that provision: 82 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Schedule 4 (f) information on the code of residents’ rights and the code of practice.
2 The provisions referred to in paragraphs (a) to (e) of clause 1 must be consistent with— (a) the Retirement Villages Act 2003, and any regulations made under that Act; and any provision in the code of practice, unless the oper­ ator is exempt from the requirement to comply with that provision.

(b) Schedule 4 Code of residents’ rights s 32 Basic rights of residents This is a summary of the basic rights given to you by the Retirement Villages Act 2003.
1 2 3 4 Services and other beneﬁts You have the right to services and other beneﬁts promised to you in your occupation right agreement.

Information You have the right to information relating to any matters af­ fecting, or likely to affect, the terms or conditions of your res­ idency.
Consultation You have the right to be consulted by the operator about any proposed changes in the services and beneﬁts provided or the charges that you pay that will or might have a material impact on your— (a) (b) occupancy; or ability to pay for the services and beneﬁts provided.

Right to complain You have the right to complain to the operator and to receive a response within a reasonable time.
83 Schedule 4 Retirement Villages Act 2003 Reprinted as at 20 September 2007 5 6 7 8 Disputes You have the right to a speedy and efﬁcient process for resolv­ ing disputes between you and the operator or between you and other residents of the village.

Use of support person or representative You have the right, in your dealings with the operator or other residents of the village, to involve a support person or a person to represent you.
The cost of involving a support person or person to represent you must be met by you.

Right to be treated with courtesy and have rights respected You have the right to be treated with courtesy and have your rights respected by the operator, the people who work at the village, and the people who provide services at the village.

Right not to be exploited You have the right not to be exploited by the operator, the people who work at the village, and the people who provide services at the village.
Your obligations to others Your rights exist alongside the rights of other residents and the rights of the operator, the people who work at the village, and the people who provide services at the village.

In the same way that these people are expected to respect your rights, it is expected that you in return will respect their rights and treat them with courtesy.
Operator’s contact person If you want more information about your rights or wish to make a complaint against the operator or another resident, the operator’s con­ tact person is [name] [telephone number].
Other contact persons Other contact persons, if you want to make a complaint about a breach of your rights, are— (a) (b) the statutory supervisor (if there is one): the Registrar of Retirement Villages: (c) 84 Reprinted as at 20 September 2007 Information Retirement Villages Act 2003 Schedule 5 The Retirement Commissioner publishes information on the code of residents’ rights and disputes procedures available under the Retire­ ment Villages Act 2003 that may assist to resolve your complaint.
Paragraph (c) of the item “Other contact persons” was repealed, as from 15 December 2005, by section 8(1) Retirement Villages Amendment Act 2005 (2005 No 113).

The item “Information” was inserted, as from 15 December 2005, by section 8(2) Re­ tirement Villages Amendment Act 2005 (2005 No 113).
Schedule 5 Matters to be included in code of practice s 89 The code of practice must specify minimum requirements to be given effect to in any occupation right agreement in relation to the follow­ ing topics: 1 2 Stafﬁng of retirement village The matters that must be addressed in the code of practice area— (a) the qualiﬁcations and experience of staff at each retire­ ment village: arrangements for the training and ongoing supervision of those staff.
(b) Safety and personal security of residents The matters that must be addressed in the code of practice are— (a) the manner in which the physical environment and man­ agement practices at each retirement village must main­ tain and enhance the physical safety and security of resi­ dents (including those with disabilities): the circumstances in which a retirement village can use the personal security of intending residents or residents as a promotional feature in its advertising, and if this is permitted, requirements to ensure that security is main­ tained at levels featured in any promotional material.
(b) 85 Schedule 5 Retirement Villages Act 2003 Reprinted as at 20 September 2007 Fire protection and emergency management The matters that must be addressed in the code of practice are— (a) requirements relating to the protection of residential vil­ lage units and retirement village facilities from ﬁre: requirements relating to plans, instructions, and equip­ ment for dealing with ﬁre and other emergencies: requirements relating to insurance cover for residential units and retirement village facilities and units for ﬁre and accidental damage: requirements relating to access to residential units and retirement village facilities for those with disabilities.
(b) (c) (d) Transfer of residents within retirement village The matters that must be addressed in the code of practice are— (a) requirements to be included in occupation right agree­ ments about the transfer of residents from independent self­care units to parts of the retirement village provid­ ing greater care: requirements relating to the ﬁnancial and other arrange­ ments that apply in the event of a transfer of a resident in the circumstances referred to in paragraph (a).
(b) Meetings of residents with operator and resident involvement The matters that must be addressed in the code of practice are— (a) requirements as to the frequency of meetings between residents and the operator of the retirement village or representatives of the operator: requirements as to the opportunity for residents to par­ ticipate in decision­making affecting the retirement vil­ lage and access by the residents to the operator of the retirement village or representatives of the operator.
(b) Complaints facility The matters that must be addressed in the code of practice are— 3 4 5 6 86 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Schedule 5 (a) (b) (c) (d) (e) the procedures for making and acknowledging receipt of complaints by residents (including complaints about another resident of the retirement village): requirements for informing a resident about progress on the resident’s complaint at regular intervals: the procedures for (i) resolving complaints; and (ii) making decisions on complaints where resolution is not possible: time limits within which the person dealing with the complaint on behalf of the operator must make and no­ tify a decision on the complaint: requirements as to the form of notiﬁcation of a decision about a complaint.
7 8 Accounts The matters that must be addressed in the code of practice are— (a) requirements relating to the frequency of accounts for outgoings and service charges: requirements relating to the breakdown of items for which charges are imposed: requirements designed to ensure that accounts are pre­ sented in a format that can be readily understood.
(b) (c) Maintenance and upgrading The matters that must be addressed in the code of practice are— (a) requirements for residents to be notiﬁed of a contact person for minor repairs and maintenance: requirements relating to the periodical review of main­ tenance agreements and the role of residents in respect of those reviews: requirements for the maintenance and periodic upgrad­ ing of retirement villages to be provided in the funding arrangements for retirement villages: construction standards for new retirement villages or new residential units within existing retirement villages.
(b) (c) (d) 87 Schedule 5 Retirement Villages Act 2003 Reprinted as at 20 September 2007 9 Termination of occupation right agreement by operator or resident The matters that must be addressed in the code of practice are— (a) the grounds on which an occupation right agreement may be terminated by the operator of the retirement vil­ lage or a resident: the process that must be followed by the operator or resident before exercising any right to terminate an oc­ cupation right agreement: requirements relating to payments due when an occu­ pation right agreement is terminated and the manner in which those amounts are calculated, including— (i) (b) (c) (ii) (iii) (iv) the period for which charges will continue to be imposed after termination: the relationship between those charges and on­ going costs: the operator’s responsibilities in relation to the sale or other disposal of a residential unit made vacant as a result of the termination: the rights of the former resident or the estate of the former resident in relation to the sale or other disposal of a residential unit made vacant as a result of the termination.
10 Communication The matters that must be addressed in the code of practice are requirements in relation to communication by the operator of a retirement village with residents or intending residents for whom English is a second language or whose ability to communicate is limited.

Schedule 5: amended, on 20 September 2007, by section 4 of the Retirement Villages Amendment Act 2007 (2007 No 78).
88 Reprinted as at 20 September 2007 Retirement Villages Act 2003 Notes Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) Notes 1 2 3 the end of these notes speciﬁes all General This is an eprint of the Retirement Villages Act 2003.

It incorporates all the amendments to the Retirement Villages Act 2003 as at 20 September 2007.

The list of amendments at the amendments incorporated into this eprint since 3 September 2007.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.

For more information about ofﬁcialisation, please see "Making online legislation ofﬁcial" under "Status of legislation on this site" in the About section of this website.
List of amendments incorporated in this eprint (most recent ﬁrst) Retirement Villages Amendment Act 2007 (2007 No 78) 89