Retirement Villages Act 2003

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

12: Registration of existing retirement villages

You could also call this:

"Registering retirement villages that already have residents"

Illustration for Retirement Villages Act 2003

If you have a retirement village with residents, you must apply to register it under section 10 within six months. You need to get written consent from people who had a security interest in the village on 31 December 2002. You must include this consent with your application if you get it. If someone with a security interest does not give consent, you must tell the supervisor, residents, and people who want to live there about this. This does not stop you from registering the village. You still have to apply to register the village. You must give residents a disclosure statement that follows the rules of this Act within 12 months. You must also give a disclosure statement to people who want to live in the village after this section starts.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220840.

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

Topics:

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11: Registration is not approval, or

"Registering a retirement village doesn't mean it's officially approved"

13: Annual return, or

"Send a yearly report to the Registrar about your retirement village"

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

12Registration of existing retirement villages

If a retirement village has 1 or more residents at the commencement of this section,—
an application for registration must be lodged under section 10 within 6 months from the day on which this section comes into force:
the operator must seek the written consent to the registration of the village of any person who—
1. was a holder of a security interest in the village on 31 December 2002; and
2. has not, since that date, obtained any new security interest in the village or agreed to any increase—
  1. in the term of the security interest; or
  2. if the holder offers a credit facility (for example, an overdraft), in the maximum sum secured by that security interest; or
  3. if any other sum is secured by the security interest, in the sum secured by that security interest:
the operator must include the written consent of that person 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.

If the holder of a security interest to whom subsection (1)(b) applies fails or refuses to consent to the registration of a retirement village,—
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 obligation of the operator to apply for registration of the village.

Nothing in this section exempts any operator from the obligation to issue a disclosure statement that complies with this Act to any intending resident after the commencement of this section.
The operator of a retirement village to which subsection (1) applies 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.