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Retirement Villages Act 2003

Registration, occupation right agreements, and related requirements and rules - Other information relevant to occupancy

34: Right to be supplied with information relevant to occupancy

You could also call this:

"Know what's happening in your retirement village home"

Illustration for Retirement Villages Act 2003

You have the right to know about things that affect your home in a retirement village. The operator must tell you about matters that impact your occupancy or the charges you pay. They must inform you about things like development plans or notices from the Registrar. You need to be told about certain events, such as a request to cancel the village's registration or a decision to exempt the operator from some rules. The operator must also tell you about the appointment of a new statutory supervisor or any decisions about exemptions from the code of practice. They must inform you about changes to secured liabilities, credit facilities, or actions by creditors. The operator must notify you of any legal proceedings or actions that affect your interests as a resident. This includes things like receivership or liquidation of the operator or the village. You should be aware that this section does not limit other rights you have under section 32 or Schedule 4.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220875.

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"Getting a copy of your rights when living in a retirement village"

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Part 2Registration, occupation right agreements, and related requirements and rules
Other information relevant to occupancy

34Right to be supplied with information relevant to occupancy

  1. Each resident or intending resident of a retirement village has the right to be promptly informed by the operator of the retirement village about any matter that would or might have a material impact on—

  2. the occupancy right, or rights to quiet enjoyment, of the resident or intending resident; or
    1. the charges levied on the resident or intending resident for his or her occupancy right, or right to services and facilities, within the retirement village.

      1. The operator of a retirement village must,—

      2. if the village has a statutory supervisor, promptly notify the statutory supervisor and, if the statutory supervisor so directs, each resident and intending resident of the retirement village of the matters referred to in subsection (3); or
        1. if the village does not have a statutory supervisor, promptly notify each resident and intending resident of the retirement village of the matters referred to in subsection (3).

          1. The matters required to be notified under subsection (2) are—

          2. any proposal by the operator to develop or redevelop any part of the land on which the retirement village is situated or to acquire any contiguous land for development:
            1. the receipt by the operator of a notice from the Registrar of suspension of the registration of the retirement village:
              1. any request by the operator to the Registrar for cancellation of the registration of the retirement village:
                1. any decision by the Registrar, under section 41, to exempt the operator from the requirement to appoint a statutory supervisor:
                  1. the appointment of a new statutory supervisor:
                    1. any decision by the Registrar, under section 93, to exempt the operator from the requirement to comply with a provision in the code of practice:
                      1. any proposed increase in secured liabilities held by any person over any part of the retirement village:
                        1. any proposed increase in the maximum sum available to the operator of a retirement village under any credit facility:
                          1. any actual or threatened action by a creditor, mortgagee, or chargeholder in respect of the retirement village against the operator of the retirement village in respect of that person's security or any sum over $1,000:
                            1. any decision by an insurer to refuse to insure the retirement village or any part of it:
                              1. any actual or threatened legal proceedings against the retirement village or an operator of the retirement village that affect the interests of any resident or intending resident:
                                1. any action by a creditor to put the operator or the retirement village in receivership or liquidation.

                                  1. This section does not limit section 32 or Schedule 4.