Plain language law

New Zealand law explained for everyone

Retirement Villages Act 2003

Registration, occupation right agreements, and related requirements and rules - Offer and advertising prohibited if retirement village not registered

25: No offer of occupation or advertising unless retirement village registered

You could also call this:

"Retirement villages must be registered before offering homes or advertising"

Illustration for Retirement Villages Act 2003

You cannot offer someone a place to live in a retirement village or advertise it unless it is registered. This rule starts six months after the law comes into force. You also cannot enter into an agreement to live in a retirement village that is not registered. You are allowed to make an offer or enter into an agreement if the retirement village has never been registered and you follow certain rules, including section 12 and the Securities Act 1978. You must make the offer and enter into the agreement within 12 months of the law coming into force. The person making the offer must also follow other applicable laws. If someone wants to build a retirement village, they can tell people about their plans to register the village and offer places to live. They can share some information, like what the village will offer and when they plan to open it. This is allowed as long as they do not give too much detail or make any official offers until the village is registered.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220860.

This page was last updated on — View changes

Topics:
Housing and property > Buying and selling homesHousing and property > RentingMoney and consumer rights > Consumer protection
Previous

24: Receiver, liquidator, and statutory manager must ask statutory supervisor to represent residents, or

"Managers of retirement villages must ask for help to protect residents' interests"

Next

26: Operator must ensure that advertisements are not misleading or deceptive, or

"Retirement village ads must be honest and not misleading."

Part 2Registration, occupation right agreements, and related requirements and rules
Offer and advertising prohibited if retirement village not registered

25No offer of occupation or advertising unless retirement village registered

  1. No person may—

  2. make, allow to be made, or acquiesce in the making of any offer of occupation or the publication of any advertisement after the expiry of 6 months from the day on which this section comes into force; or
    1. make, allow to be made, or acquiesce in the making of any representation that all or part of any property, building, or premises is a retirement village if that representation is included in an advertisement published after the expiry of 6 months from the day on which this section comes into force; or
      1. enter into any occupation right agreement after the expiry of 6 months from the day on which this section comes into force—
          1. that relates to a retirement village that is not registered under this Act.

        1. Subsection (1) does not apply if—

        2. the retirement village has never been registered under this Act; and
          1. section 12 is complied with; and
            1. the Securities Act 1978 and all other applicable legislation is complied with; and
              1. 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.

                1. Subsection (1) does not apply to a statement made by, or on behalf 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—

                2. the name of the promoter; and
                  1. 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
                    1. a statement of the services or facilities to be provided; and
                      1. a statement of the total number of occupation rights intended to be offered; and
                        1. the terms of the intended offer; and
                          1. a description of the class of persons to whom it is intended the offer will be made; and
                            1. the date on which the promoter expects the offer will be made.