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Retirement Villages Act 2003

Registration, occupation right agreements, and related requirements and rules - Cancellation of registration

19: Cancellation of registration

You could also call this:

"How to cancel a retirement village's registration"

Illustration for Retirement Villages Act 2003

You can have a retirement village's registration cancelled if you are the operator. You need to ask the Registrar in writing, using the correct form. The Registrar must be satisfied with certain things before they cancel the registration. The Registrar looks at whether the village has stopped operating or will stop when the registration is cancelled. If there is more than one operator, they all need to make the request. When the registration is cancelled, it has a similar effect to suspending the registration. You cannot ask to cancel the registration if there are residents, unless they have received independent legal advice. At least 90% of the residents must also agree in writing to the cancellation. The Registrar will tell the operator and the statutory supervisor about the cancellation. The operator must follow the rules in section 18 when the registration is cancelled, as if the registration had been suspended. There is an exception to this rule, which is explained in section 23. The Registrar will let you know when the registration is cancelled.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220850.

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18: Suspension of registration, or

"The Registrar can stop a retirement village's registration if it's not following the rules."

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"Rules for registering and keeping records in retirement villages"

Part 2Registration, occupation right agreements, and related requirements and rules
Cancellation of registration

19Cancellation of registration

  1. The Registrar must cancel the registration of a retirement village if the Registrar—

  2. receives a request in writing for cancellation from the operator of that retirement village in the prescribed form; and
    1. is satisfied that the requirements of subsection (2) (if applicable) and subsection (3) have been complied with; and
      1. is satisfied that the village has ceased to operate as a retirement village or will do so on cancellation of its registration.

        1. If there is more than 1 operator of the retirement village, the request in writing must be made by all operators of the village.

        2. Except as provided in section 23, cancellation of registration has the same effect as suspension of registration and the operator must take action under section 18 as if notice of suspension of registration had been given under section 18(2).

        3. No operator may request the cancellation of the registration of any retirement village that has any residents unless—

        4. all residents of the village have received independent legal advice about the effects of cancellation of registration; and
          1. at least 90% of those residents have consented in writing to that cancellation.

            1. The Registrar must give notice of the cancellation of registration to the operator or operators of the village and to the statutory supervisor of the village (if there is one).