Retirement Villages Act 2003

Registration, occupation right agreements, and related requirements and rules - Occupation right agreements

30: Operator must ensure information is provided

You could also call this:

"The operator must give you important information before you move into a retirement village."

Illustration for Retirement Villages Act 2003

You are about to enter into an occupation right agreement. The operator must give you some information before you can do this. The operator must ensure you get a disclosure statement that complies with Schedule 2, the residents' code of rights, and the code of practice. If the code of practice is not yet in force, the operator must give you a statement saying when it will come into force. You must also get a copy of the occupation right agreement. If there is a dispute about whether you got this information, it is up to the operator to prove that you did. If you have written to say you got the information, this is usually enough proof, unless someone can show otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220867.

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29: Deposits and other payments must be independently held, or

"Your retirement village deposit is safely held in a special account until you move in."


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31: Occupation right agreement voidable, or

"You can cancel your retirement village contract if it's unfair or broken, and get your money back."

Part 2Registration, occupation right agreements, and related requirements and rules
Occupation right agreements

30Operator must ensure information is provided

  1. Before any occupation right agreement can be entered into, the operator must ensure that the intending resident has received

  2. a disclosure statement that complies with Schedule 2; and
    1. the residents' code of rights; and
      1. the code of practice (if any), and, if the code is not yet in force, a statement in writing that the code is not yet in force and the date on which it comes into force; and
        1. a copy of the occupation right agreement.
          1. In any proceedings that involve an issue as to whether an intending resident has received the information specified in subsection (1),—

          2. it is for the operator to prove that the intending resident received the information or advice; but
            1. a written acknowledgement by the intending resident that he or she has received the information is, in the absence of evidence to the contrary, sufficient proof that the resident has received the information or advice.
              Notes
              • Section 30 heading: replaced, on , by section 112(1) of the Statutes Amendment Act 2022 (2022 No 75).
              • Section 30(1): amended, on , by section 112(2) of the Statutes Amendment Act 2022 (2022 No 75).