Retirement Villages Act 2003

Dispute resolution, enforcement, and penalties - Dispute resolution

53: Types of dispute for which resident may give dispute notice

You could also call this:

"What kinds of problems can you complain about in a retirement village?"

Illustration for Retirement Villages Act 2003

You can give a dispute notice for a problem with the operator's decision. This decision might affect your right to live in the village or use its services. You can also give a notice for a problem with charges or money you owe. You can give a dispute notice if you think the operator broke the rules. This includes rules about your right to live in the village or use its services. You can also give a notice if you have a problem with someone else in the village. You cannot give a dispute notice for problems with health services. These services have their own rules under the Health and Disability Commissioner Act 1994. You can give a notice if you have a problem with the operator selling your old unit. You can give a dispute notice if you have a problem with another resident. This problem must affect your right to live in the village. You can also give a notice if you have a problem with someone visiting another resident.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220910.

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"What kinds of problems can the village operator send you a dispute notice about?"

Part 4Dispute resolution, enforcement, and penalties
Dispute resolution

53Types of dispute for which resident may give dispute notice

  1. A resident may give a dispute notice for the resolution of a dispute concerning any of the operator's decisions—

  2. affecting the resident's occupation right or right to access services or facilities; or
    1. relating to changes to charges for outgoings or access to services or facilities imposed or payable under the resident's occupation right agreement; or
      1. relating to the charges or deductions imposed as a result of the resident's occupation right coming to an end for any reason or relating to money due to the resident under the resident's occupation right agreement following termination or avoidance under section 31 of the resident's occupation right agreement; or
        1. relating to an alleged breach of a right referred to in the code of residents' rights or of the code of practice.
          1. Nothing in subsection (1) enables a resident to give a dispute notice concerning any health services or disability services, or any facilities to which the Code of Health and Disability Services Consumers' Rights under the Health and Disability Commissioner Act 1994 applies.

          2. A resident may give a dispute notice for resolution of a dispute concerning the operator's breach of the resident's occupation right agreement or code of practice in disposing of a residential unit in a retirement village formerly occupied by the resident.

          3. A resident may give a dispute notice for the resolution of a dispute affecting the resident's occupation right between the resident and any other person who is—

          4. another resident of the retirement village; or
            1. in another resident's residential unit with that other resident's permission.