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Retirement Villages Act 2003

Dispute resolution, enforcement, and penalties - Enforcement and penalties

82: Other orders

You could also call this:

"Court orders to help fix problems in retirement villages"

Illustration for Retirement Villages Act 2003

You can go to court if someone does something wrong and you suffer loss or damage. The court can make orders to help you, such as making the wrongdoer refund your money or return your property. The court can also make orders to stop the wrong behaviour. You can ask the court for help if someone breaks the rules in sections 25 to 33 of the Retirement Villages Act, or if they help someone else break these rules. The court can make orders, like declaring an occupation right agreement void, or making someone pay for the loss or damage they caused. The court can also order someone to supply services to help fix the problem. The court has the power to make these orders if you are a resident, or if the statutory supervisor of a retirement village, or the Registrar asks for them, and the court finds that someone has suffered, or is likely to suffer, loss or damage due to someone else's conduct, as outlined in sections 79 to 86.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220944.

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Part 4Dispute resolution, enforcement, and penalties
Enforcement and penalties

82Other orders

  1. The court may make all or any of the orders referred to in subsection (3) if, in any proceedings under sections 79 to 86 or on the application of a resident, or the statutory supervisor of a retirement village, or the Registrar, the court finds that a person, whether or not that person is a party to the proceedings, has suffered, or is likely to suffer, loss or damage due to the conduct of any other person that constitutes or would constitute—

  2. a contravention of any of sections 25 to 33; or
    1. aiding, abetting, counselling, or procuring the contravention of any of those provisions; or
      1. inducing by threats, promises, or otherwise the contravention of any of those provisions; or
        1. being in any way directly or indirectly knowingly concerned in, or party to, the contravention of any of those provisions; or
          1. conspiring with any other person in the contravention of any of those provisions.

            1. The court may make all or any of the orders referred to in subsection (3), whether or not it grants an injunction or makes any other order under this Part.

            2. For the purposes of subsection (1), the court may make the following orders:

            3. an order declaring the whole or any part of an occupation right agreement made between the person who suffered, or is likely to suffer, the loss or damage and the person who engaged in the conduct referred to in subsection (1), or of a collateral arrangement relating to that occupation right agreement, to be void and, if the court thinks fit,—
              1. to have been void from the beginning; or
                1. at all times on and after any date, before the date on which the order is made, that is specified in the order:
                2. an order varying that occupation right agreement or arrangement in any manner that is specified in the order and, if the court thinks fit, declaring the agreement or arrangement to have had effect as so varied on and after any date, before the date on which the order is made, that is specified in the order:
                  1. an order directing the person who engaged in the conduct referred to in subsection (1) to refund money or return property to the person who suffered the loss or damage:
                    1. an order directing the person who engaged in the conduct referred to in subsection (1) to pay to the person who suffered the loss or damage the amount of the loss or damage:
                      1. an order directing the person who engaged in the conduct referred to in subsection (1), at that person's own expense, to supply specified services to the person who suffered, or is likely to suffer, the loss or damage.

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