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Retirement Villages Act 2003

Dispute resolution, enforcement, and penalties - Enforcement and penalties

79: Contraventions of certain provisions an offence

You could also call this:

"Breaking retirement village rules can lead to fines and trouble"

Illustration for Retirement Villages Act 2003

If you break certain rules in the Retirement Villages Act 2003, you can get in trouble. You might have to pay a fine if you do not follow the rules. The fine can be different depending on what you did wrong. If you are not a company and you break the rules, you can get a fine of up to $30,000 for some things, or up to $15,000 for other things, or up to $5,000 for other things. If you are a company and you break the rules, you can get a fine of up to $100,000 for some things, or up to $50,000 for other things, or up to $10,000 for other things. You can also get in trouble if you do not tell the truth when you are applying for something. The person checking the retirement village's accounts has to do what they are asked to do. The person running the retirement village has to do what they are asked to do. You can get a fine if you break any of the rules in the Act. You can get taken to court up to 3 years after you did something wrong.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220940.

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Topics:
Housing and property > Home safety and repairsHousing and property > RentingMoney and consumer rights > Savings and retirement
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Part 4Dispute resolution, enforcement, and penalties
Enforcement and penalties

79Contraventions of certain provisions an offence

  1. Every person commits an offence who, without reasonable excuse, contravenes any of sections 12, 18(3), 22(1), 25(1), 32, 33(1), 35, 38(1), 39, or 97(3), or includes any material that is false or misleading in an application for an exemption under section 41 or section 93, and is liable on conviction,—

  2. in the case of a person other than a body corporate, to a fine not exceeding $30,000; or
    1. in the case of a body corporate, to a fine not exceeding $100,000.

      1. Every person commits an offence who, without reasonable excuse, contravenes any of sections 17, 19(3), 26(1), 27(1), 28(1), 29, 30(1), 34(2), 59(2), 92(2), or 98(5) and is liable on conviction,—

      2. in the case of a person other than a body corporate, to a fine not exceeding $15,000; or
        1. in the case of a body corporate, to a fine not exceeding $50,000.

          1. Every person commits an offence who, without reasonable excuse, contravenes any of sections 13, 16, 70(2), 95(2), 96(4), or 98(2) and (3) and is liable on conviction,—

          2. in the case of a person other than a body corporate, to a fine not exceeding $5,000; or
            1. in the case of a body corporate, to a fine not exceeding $10,000.

              1. Every auditor of a retirement village commits an offence who fails to comply with any reasonable request made under section 47 by the statutory supervisor, the Registrar, or the Retirement Commissioner and is liable on conviction to a fine not exceeding $10,000.

              2. Every operator of a retirement village commits an offence who fails to comply with any reasonable request made under section 46 and is liable on conviction to a fine not exceeding $10,000.

              3. Every person commits an offence who, without reasonable excuse, contravenes any other provision of this Act and is liable on conviction to a fine not exceeding $5,000.

              4. Proceedings under this section may be commenced at any time within 3 years after the matter giving rise to the contravention arose.

              Compare
              Notes
              • Section 79(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 79(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 79(3): amended, on , by section 7(1) of the Regulatory Systems (Housing) Amendment Act 2019 (2019 No 64).
              • Section 79(3): amended, on , by section 7(2) of the Regulatory Systems (Housing) Amendment Act 2019 (2019 No 64).
              • Section 79(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 79(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 79(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 79(6): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).