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Retirement Villages Act 2003

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

93: Exemption from requirement to comply with code of practice

You could also call this:

"Getting an exemption from following the rules"

Illustration for Retirement Villages Act 2003

You can be exempt from following the code of practice if the Registrar agrees. The Registrar can exempt you if you meet the criteria set out in section 105. You need to apply to the Registrar to get an exemption. You apply by filling out a form and paying a fee. The Registrar can give you an exemption for a certain time, up to two years, and with certain conditions. The Registrar can take away your exemption or change its conditions if the reason for the exemption is no longer valid or you do not follow the conditions. If this happens, the Registrar must tell the statutory supervisor and you as soon as possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220960.

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

93Exemption from requirement to comply with code of practice

  1. The Registrar may exempt an operator from complying with any provision of the code of practice if the Registrar is satisfied that the criteria for exemption prescribed under section 105 are met.

  2. An operator applies to the Registrar for an exemption by—

  3. completing the prescribed form and delivering it to the Registrar; and
    1. paying the prescribed fee.

      1. The Registrar may exempt the operator on the terms and conditions, and for any period (not exceeding 2 years), that the Registrar thinks appropriate in the particular circumstances.

      2. The Registrar may revoke an exemption, or vary its terms or conditions, if the Registrar is satisfied that—

      3. the ground for the exemption no longer applies; or
        1. the operator has not complied with its terms and conditions.

          1. The Registrar must give notice of the revocation or variation of an exemption as soon as possible to—

          2. the statutory supervisor (if there is one); and
            1. the operator.