Retirement Villages Act 2003

Dispute resolution, enforcement, and penalties - Dispute resolution

72: Effect and enforcement of dispute resolution decisions

You could also call this:

"What happens when a decision is made to resolve a dispute in a retirement village"

Illustration for Retirement Villages Act 2003

When you have a dispute with an operator or another resident, a decision is made to resolve it. You and the other person must follow this decision. This decision is binding on both of you. If you disagree with the decision, you can still take it to court for review. A disputes panel can make an order that has the same effect as a court order. This order can be enforced like a court order from the District Court or the High Court. If the order says someone must pay money, it creates a debt that must be paid. You can find more information about court orders and debts by looking at the District Court Act 2016.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220932.

This page was last updated on View changes


Previous

71: Record of decision, or

"What the disputes panel decided and why"


Next

73: Effect of vacancy in panel membership, or

"What happens if someone leaves a disputes panel"

Part 4Dispute resolution, enforcement, and penalties
Dispute resolution

72Effect and enforcement of dispute resolution decisions

  1. A dispute resolution decision in relation to a dispute with an operator is binding on the applicant and the respondent.

  2. A dispute resolution decision in relation to a dispute with another resident or person living with another resident is binding on the applicant and the respondent.

  3. Subsections (1) and (2) do not prevent any action by way of judicial review.

  4. An order made by a disputes panel—

  5. has effect and is enforceable as if it were an order of—
    1. the District Court if the District Court had jurisdiction to hear the dispute as a court of first instance; or
      1. the High Court in any other case:
      2. if it is an order to pay money, creates a judgment debt.
        Notes
        • Section 72(4)(a)(i): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).