Retirement Villages Act 2003

Dispute resolution, enforcement, and penalties - Dispute resolution

69: Powers of disputes panel

You could also call this:

"A disputes panel can help solve problems and make decisions to fix issues in retirement villages."

Illustration for Retirement Villages Act 2003

You can take a dispute to a disputes panel. The panel can make decisions. The panel can change an occupation right agreement so it follows the rules. It can also order someone to do what they are supposed to do. The panel can order someone to pay money they owe. If someone is not following the rules, the panel can order them to return something worth up to $1,000. The panel can also order someone to pay up to $1,000 to compensate the other person. The panel can make these decisions based on the code of practice or section 27(1). The panel must follow the rules when making decisions. The panel can only make certain decisions, and it cannot impose other obligations except for paying costs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220929.

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Part 4Dispute resolution, enforcement, and penalties
Dispute resolution

69Powers of disputes panel

  1. A disputes panel may—

  2. amend an occupation right agreement so that it complies with any applicable code of practice or section 27(1); or
    1. order any party to comply with its obligations under an occupation right agreement or the code of practice, or to give effect to a right referred to in the code of residents' rights; or
      1. in the case of a dispute with the operator concerning the liability for, or payment of, any monetary amount, order the operator or, as the case may be, the resident to pay or refund all or part of the amount in dispute; or
        1. in the case of a dispute where the operator is not a party to the dispute,—
          1. order a party to return to the other party specific property not exceeding $1,000 in value; or
            1. order a party to pay the other party an amount by way of compensation not exceeding $1,000; or
            2. not impose any other obligation other than in relation to the payment of costs on any party.
              1. For the avoidance of doubt, a disputes panel may amend an occupation right agreement to comply with a provision of the code of practice from which the operator of the retirement village is exempted from complying, but the disputes panel must make the amendment subject to that exemption while it is in force.