Retirement Villages Act 2003

Dispute resolution, enforcement, and penalties - Enforcement and penalties

84: General provisions relating to section 82 orders

You could also call this:

"Rules about making claims for losses or damage in retirement villages"

Illustration for Retirement Villages Act 2003

You can make an application under section 82(1) within 3 years of discovering a loss or damage. An order made under section 82(3)(a) or (b) does not stop other proceedings from happening under sections 79 to 86. Nothing in section 82 or section 83 affects subpart 5 of Part 2 of the Contract and Commercial Law Act 2017. You can refer to the court, which includes the District Court and the Disputes Tribunal for section 82. Nothing in section 82 or section 83 affects section 317 of the Injury Prevention, Rehabilitation, and Compensation Act 2001. When talking about court, it can mean the District Court or the Disputes Tribunal for the purposes of section 82.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220946.

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

84General provisions relating to section 82 orders

  1. An application under section 82(1) may be made at any time within 3 years after the date on which the loss or damage, or the likelihood of loss or damage, was discovered or ought reasonably to have been discovered.

  2. An order made under section 82(3)(a) or (b) does not prevent proceedings being instituted or commenced under sections 79 to 86.

  3. Nothing in section 82 or section 83 limits or affects subpart 5 of Part 2 of the Contract and Commercial Law Act 2017.

  4. For the purposes of sections 81 and 82, a reference to court includes a reference to the District Court and also, for the purposes of section 82, the Disputes Tribunal.

  5. Nothing in section 82 or section 83 affects section 317 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Compare
Notes
  • Section 84(3): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
  • Section 84(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).