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Retirement Villages Act 2003

Dispute resolution, enforcement, and penalties - Dispute resolution

70: Additional powers of disputes panel in certain disputes

You could also call this:

"What extra powers a disputes panel has to help solve certain problems"

Illustration for Retirement Villages Act 2003

You can take a dispute to a disputes panel. The panel can make orders. The panel can order the operator to market a unit in a certain way or at a certain price. The panel can also order the operator to pay you compensation or interest. You can get interest calculated in accordance with the Interest on Money Claims Act 2016. The panel can order the operator to buy your unit or pay you a sum of money. The panel must think about other options before making this order. The panel has extra powers to make these orders. The panel can also suspend an order or adjourn a hearing to review an order. The panel can do this until a certain date.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220930.

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69: Powers of disputes panel, or

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Part 4Dispute resolution, enforcement, and penalties
Dispute resolution

70Additional powers of disputes panel in certain disputes

  1. In a dispute referred to in section 53(3), a disputes panel may make 1 or more of the following orders:

  2. an order that the operator must market the residential unit concerned in a particular way, or at a particular price:
    1. an order that the operator must pay the resident a sum in compensation:
      1. an order that the operator must pay the resident interest calculated in accordance with (or on a basis that ensures it does not exceed interest calculated in accordance with) Schedule 2 of the Interest on Money Claims Act 2016:
        1. an order that the operator,—
          1. if the resident has a legal or equitable estate or interest in the residential unit, must buy the resident's estate or interest at a price and within the time fixed by the panel; or
            1. in any other case, must pay the resident a sum fixed by the panel within a time fixed by the panel as if the operator had disposed of the residential unit.

            2. The panel must not make an order under subsection (1)(d) unless it has considered the alternative orders it could make and is satisfied that none is appropriate.

            3. The powers in subsection (1) are additional to the panel's powers under section 69.

            4. The panel may, in relation to an order under subsection (1),—

            5. suspend the operation of the order until a specified date:
              1. adjourn the hearing to a specified date to review an order or orders that it has made.

                Notes
                • Section 70(1)(c): replaced, on , by section 29 of the Interest on Money Claims Act 2016 (2016 No 51).