Retirement Villages Act 2003

Dispute resolution, enforcement, and penalties - Dispute resolution

57: Time for giving dispute notice

You could also call this:

"When to Send a Dispute Notice"

Illustration for Retirement Villages Act 2003

You have 6 months to give a dispute notice after a dispute is first referred to the complaints facility or you were first notified. You can give a dispute notice after 6 months if all parties agree. If your dispute is about a specific issue under section 53(3), you must wait 9 months after your residential unit becomes available to the operator. You cannot give a dispute notice before this 9-month period is over. This rule does not change the operator's responsibilities under the code of practice for disposing of vacant units. The operator still has to follow those rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220914.

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Part 4Dispute resolution, enforcement, and penalties
Dispute resolution

57Time for giving dispute notice

  1. A dispute notice must be given within 6 months after the dispute was first referred to the complaints facility or, in the case of a dispute notice given by an operator, the resident concerned was first notified.

  2. However, a dispute notice may be given after 6 months if the parties to the dispute agree.

  3. A resident must not give a dispute notice for a dispute under section 53(3) before 9 months after the residential unit has become available to the operator for disposal in accordance with the resident's occupation right agreement or the code of practice.

  4. This section does not affect, and is not affected by, the responsibilities of an operator under the provisions of the code of practice relating to the disposal of vacant residential units.

Notes
  • Section 57(1): amended, on , by section 6 of the Retirement Villages Amendment Act 2005 (2005 No 113).