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Retirement Villages Act 2003

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

92: Status of code of practice

You could also call this:

"What the Code of Practice Means for Retirement Villages"

Illustration for Retirement Villages Act 2003

When a code of practice is in force, you must comply with it if you are an operator of a retirement village. You must also comply with it if you are a receiver, liquidator, or statutory manager of an operator or their property. The code of practice is enforceable as a contract by a resident and takes priority over any less favourable provision in their occupation right agreement. If you are offered an occupation right agreement, the code of practice must be taken into account. The code of practice does not apply to health services or disability services that are covered by the Code of Health and Disability Services Consumers' Rights under the Health and Disability Commissioner Act 1994. You can ask the operator of a retirement village for a copy of the code of practice and they must give it to you. This rule is affected by section 93.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220959.

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

92Status of code of practice

  1. Repealed

  2. While a code of practice is in force, it—

  3. must be complied with by—
    1. every operator of a retirement village:
      1. every receiver or liquidator or statutory manager of an operator or the property of the operator; and
      2. is enforceable as a contract by a resident and prevails over any less favourable provision in his or her occupation right agreement; and
        1. must be given effect to in any occupation right agreement offered to a resident.

          1. Nothing in a code of practice applies to any health services or disability services or facilities to which the Code of Health and Disability Services Consumers' Rights under the Health and Disability Commissioner Act 1994 applies.

          2. The operator of a retirement village must make a copy of the code of practice available to every resident and intending resident on request.

          3. Subsection (2) is subject to section 93.

          Notes
          • Section 92(1): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).