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Retirement Villages Act 2003

Dispute resolution, enforcement, and penalties - Dispute resolution

62: Operator's duties to secure independence of disputes panel

You could also call this:

"Retirement village operators must pick fair and independent people to help solve disputes"

Illustration for Retirement Villages Act 2003

You have rights when it comes to disputes in a retirement village. The operator of the village must choose people for the disputes panel carefully. They cannot choose someone who works for them or has worked for them before. The operator must also choose people who do not have a personal interest in the operator. This means they cannot choose someone who has a special connection to the operator, like being part of the same church or charity. The operator must hire the panel members as independent contractors. The operator cannot include any conditions in the contract that might influence the panel's decision. This means the contract cannot say anything that might make the panel favour the operator or a particular resident. You can expect the disputes panel to be independent and fair. The operator also cannot choose a panel member who has been involved in the dispute before. This is to ensure the panel is fair and impartial when making a decision. The operator must follow these rules to ensure the disputes panel is independent and fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220920.

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"People on a disputes panel must share their interests and past involvement in a problem"

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"What 'previous involvement in a dispute' means in a simple way"

Part 4Dispute resolution, enforcement, and penalties
Dispute resolution

62Operator's duties to secure independence of disputes panel

  1. An operator must not appoint as a member of a disputes panel—

  2. a person employed or engaged, or who was formerly employed or engaged, by the operator in any other capacity; or
    1. a person who discloses to the operator any interest in the operator other than the interest the person has in the operator because the operator is responsible for engaging and paying the person to resolve the dispute; or
      1. if the operator is a religious or charitable organisation, a person who is or has been an office holder in that organisation.

        1. An operator must appoint the members of a disputes panel on contracts for services.

        2. An operator must not include in a member of a disputes panel's contract any term or condition that could have the effect, directly or indirectly, of influencing the disputes panel or that member, when conducting a dispute resolution, in favour of—

        3. the operator; or
          1. any particular resident or other person involved in the dispute.

            1. An operator must not appoint a disputes panel to resolve a dispute that contains as a member any person who discloses to the operator any previous involvement in the dispute other than as a member of the disputes panel.