Retirement Villages Act 2003

Retirement Commissioner and statutory supervisors - Statutory supervisors

40: Operator must not indemnify or exempt statutory supervisor from liability

You could also call this:

"Retirement village operators can't protect supervisors from blame for wrongdoing"

Illustration for Retirement Villages Act 2003

You cannot be protected from liability if you do something wrong on purpose. The operator of a retirement village cannot stop you being liable if you are a statutory supervisor and you act with gross negligence, bad faith, or wilful misconduct. If an operator tries to protect you from liability in this situation, the agreement is not valid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220886.

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

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39: Registrar's consent required for termination or non-renewal of appointment, or

"The Registrar must agree before a supervisor's job can be ended or not renewed."

41: Exemption from requirement for statutory supervisor, or

"Some villages don't need a statutory supervisor if they meet certain conditions."

Part 3Retirement Commissioner and statutory supervisors
Statutory supervisors

40Operator must not indemnify or exempt statutory supervisor from liability

The operator must not indemnify the statutory supervisor for, or exempt the statutory supervisor from, any liability for breach of duty, breach of trust or other fiduciary obligation, that involves gross negligence, bad faith, or wilful misconduct by the statutory supervisor.
An indemnity or agreement contrary to subsection (1) is void.