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Retirement Villages Act 2003

Registration, occupation right agreements, and related requirements and rules - Registration of retirement villages

10: Retirement villages to be registered

You could also call this:

"Retirement villages must be registered with the government"

Illustration for Retirement Villages Act 2003

You need to register a retirement village. The operator must lodge an application with the Registrar. The application must include a disclosure statement, a description of the property and the prescribed fee. You can find more information about the disclosure statement in section 12(1)(b) and about exemptions in section 41. The Registrar will register the village if the application is complete and the fee is paid. The Registrar will also allocate a month for the annual return as required by section 13. This is subject to section 12. The Registrar can refuse to register a village if the application is false or misleading. You must pay the prescribed fee or make arrangements to pay it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220837.

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Part 2Registration, occupation right agreements, and related requirements and rules
Registration of retirement villages

10Retirement villages to be registered

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

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

  3. the form of the disclosure statement or statements, which must—
    1. be complete, apart from personal information relating to particular residents or particular occupation right agreements; and
      1. 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
      2. a full legal description of the part of the property, building, or premises comprising the retirement village, together with—
        1. copies of any records of title, plans, deeds, leases, or other documents evidencing that description; and
          1. the address of the holder of any security interest registered against any of those records of title; and
          2. 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 supervisor, a copy of the statutory supervisor's consent to act, and a copy of the deed of supervision; and
            1. the form of the occupation right agreement; and
              1. the prescribed fee for registration or an application for approval to pay the prescribed fee by arrangement; and
                1. any other matter prescribed by regulations.

                  1. The Registrar must—

                  2. not register any retirement village if, in the opinion of the Registrar, the application or any information supplied contains a statement that is false or misleading or omits any material particular:
                    1. register the retirement village if the operator has complied with subsection (2), the circumstances in paragraph (a) do not exist, and all prescribed fees have been paid, or satisfactory arrangements have been made for their payment.

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

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

                      3. This section is subject to section 12.

                      Notes
                      • Section 10(2)(b)(i): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                      • Section 10(2)(b)(ii): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                      • Section 10(3)(b): amended, on , by section 3 of the Retirement Villages Amendment Act 2005 (2005 No 113).