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Retirement Villages Act 2003

Dispute resolution, enforcement, and penalties - Dispute resolution

74: Costs on dispute resolution

You could also call this:

"Who pays when there's a dispute in a retirement village?"

Illustration for Retirement Villages Act 2003

You need to know who pays for resolving disputes in a retirement village. The operator of the village pays for the costs of the disputes panel. This is true even if the operator is not part of the dispute. When the disputes panel makes a decision, they can award costs to the person who applied for the dispute resolution. This happens if the decision is in favour of the applicant or if the applicant acted reasonably. The panel can also award costs to other people if the decision is in their favour. The disputes panel thinks about what is fair when deciding who pays costs. They consider how much the dispute is worth and how the parties behaved. You must pay any awarded costs within 28 days of the decision. The disputes panel follows any rules made under the Retirement Villages Act 2003 when making decisions about costs. They can also refund some costs to the operator if they are not part of the dispute. You have to pay the costs if you are told to do so by the disputes panel.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220934.

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Housing and property > RentingMoney and consumer rights > Consumer protectionMoney and consumer rights > Savings and retirement
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Part 4Dispute resolution, enforcement, and penalties
Dispute resolution

74Costs on dispute resolution

  1. The operator that appoints a disputes panel is responsible for meeting all the costs incurred by the disputes panel in conducting a dispute resolution, whether or not the operator is a party to the dispute.

  2. Whether or not there is a hearing, the disputes panel may—

  3. award the applicant costs and expenses if the disputes panel makes a dispute resolution decision fully or substantially in favour of the applicant:
    1. award the applicant costs and expenses if the disputes panel does not make a dispute resolution decision in favour of the applicant but considers that the applicant acted reasonably in applying for the dispute resolution:
      1. award any other person costs and expenses if the disputes panel makes a dispute resolution decision fully or substantially in favour of that person:
        1. in a dispute where the operator is not a party to the dispute, award to the operator, by way of refund, all or part of the costs incurred by the disputes panel in conducting a dispute resolution.

          1. The disputes panel must make a decision whether to award costs and expenses under this section and the amount of any award—

          2. after having regard to the reasonableness of the costs and expenses and the amount of any award incurred by the applicant or other person in the circumstances of the particular case; and
            1. after taking into account the amount or value of the matters in dispute, the relative importance of the matters in dispute to the respective parties, and the conduct of the parties; and
              1. in accordance with, and subject to any limitations prescribed in, any regulations made under this Act for the purpose.

                1. Any person against whom costs and expenses are awarded under this section must pay them within 28 days of the decision to award them.