Retirement Villages Act 2003

Preliminary provisions

9: Power of court to grant relief in proceedings for negligence, etc

You could also call this:

"Court can help someone who did something wrong in a retirement village"

Illustration for Retirement Villages Act 2003

You can go to court if someone is negligent or does something wrong in a retirement village. The court looks at if the person acted honestly and reasonably. The court can decide to reduce or remove the person's liability if they think it is fair. You might be wondering what happens next. If the court decides to help the person, they can choose to reduce or remove their liability. This means the person might not have to pay as much or anything at all. The court makes this decision based on all the circumstances. They think about what is fair and reasonable. They can choose to reduce or remove the person's liability on any terms they think fit.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220834.

This page was last updated on 28 January 2026 — View changes

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Housing and property > Home safety and repairsMoney and consumer rights > Savings and retirement

8: Operator and director, trustee, or office holder of operator not to be exempt from liability, or

"People in charge of retirement villages are responsible for their actions"

10: Retirement villages to be registered, or

"Retirement villages must be registered with the government"

Part 1Preliminary provisions

9Power of court to grant relief in proceedings for negligence, etc

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

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.