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Retirement Villages Act 2003

Registrar of Retirement Villages, code of practice, and miscellaneous matters - Code of practice

89: Code of practice must be prepared and published

You could also call this:

"The Minister must create and share rules for retirement villages."

Illustration for Retirement Villages Act 2003

The Minister can approve a code of practice for retirement villages. You need to know that the Minister considers recommendations from the Retirement Commissioner. The Retirement Commissioner talks to groups that represent operators, residents, and supervisors. The Minister does not have to approve a code if it is incomplete or inappropriate. You can look at the rules in Schedule 5 to see what a code of practice should include. A code of practice must be consistent with residents' rights. A code of practice is a type of law that the Minister makes. You can find out more about how these laws are published in Part 3 of the Legislation Act 2019. This Act says how the Minister should make and publish a code of practice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220956.

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Part 5Registrar of Retirement Villages, code of practice, and miscellaneous matters
Code of practice

89Code of practice must be prepared and published

  1. The Minister may approve one of the draft codes of practice submitted to the Minister by any retirement village, group of retirement villages, or association of operators of a retirement village as the code of practice applicable to all retirement villages, after considering any recommendations of the Retirement Commissioner made in accordance with subsection (2).

  2. Before making a recommendation to the Minister for the purposes of subsection (1), the Retirement Commissioner must consider any recommendations by any groups of persons or bodies that, in the opinion of the Retirement Commissioner, represent the interests of—

  3. operators of retirement villages; or
    1. residents or intending residents; or
      1. statutory supervisors; or
        1. other persons.

          1. The Minister is not obliged to approve a draft code of practice submitted under subsection (1) that the Minister considers is incomplete or inappropriate or that fails to comply with the requirements of subsection (5) or Schedule 5.

          2. If no draft code of practice acceptable to the Minister has been submitted under subsection (1) before 1 January 2005, the Minister must prepare and approve a code of practice after considering any recommendations of—

          3. the Retirement Commissioner; and
            1. any groups of persons or bodies that, in the opinion of the Minister, represent the interests of operators of retirement villages, residents or intending residents, statutory supervisors, or other persons.

              1. A draft code of practice submitted under subsection (1) or a code of practice prepared under subsection (4) must—

              2. specify rules of practice in relation to every matter that the code is required by Schedule 5 to address:
                1. be consistent with the rights referred to in the code of residents' rights.

                  1. A code of practice is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  2. That Act applies as if—

                  3. the Minister were the maker of the code; and
                    1. the code were made by the Minister approving it.

                      Notes
                      • Section 89(4): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                      • Section 89(6): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                      • Section 89(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).