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Retirement Villages Act 2003

Registrar of Retirement Villages, code of practice, and miscellaneous matters - Registrar's powers of inspection

97: Registrar's powers of inspection

You could also call this:

"The Registrar can check retirement villages to ensure they follow the law."

Illustration for Retirement Villages Act 2003

The Registrar or someone they authorise can inspect a retirement village. They can do this to check if the village is following the law. They can also inspect to see if they should use their powers. You must not stop the Registrar or the authorised person from doing their job. The Registrar can look at documents that have information about the retirement village. This includes documents about money or property managed by the village. The Registrar can make copies of these documents or take them away to make copies. They can also keep the documents for a reasonable time if they think they are evidence of a crime. The Tax Administration Act 1994 and the Data and Statistics Act 2022 are not affected by this. A relevant document is one that has information about the retirement village or its money and property. You do not have to show the Registrar a document if you could refuse to show it in court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220968.

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Part 5Registrar of Retirement Villages, code of practice, and miscellaneous matters
Registrar's powers of inspection

97Registrar's powers of inspection

  1. The Registrar or a person authorised by the Registrar may,—

  2. for the purpose of—
    1. ascertaining whether a retirement village or operator complies, or has complied, with this Act; or
      1. ascertaining whether the Registrar should exercise any of his or her rights or powers under this Act; or
        1. detecting offences against this Act; and
        2. if, in the Registrar's opinion, it is in the public interest to do so,—
          1. inspect and take copies of relevant documents; or
            1. take possession of relevant documents and remove them from the place where they are kept, and retain them for a reasonable time, for the purpose of taking copies; or
              1. retain relevant documents for a period that is, in all the circumstances reasonable, if there are reasonable grounds for believing that they are evidence of the commission of an offence.

              2. Nothing in this section affects the Tax Administration Act 1994 or the Data and Statistics Act 2022.

              3. A person must not obstruct or hinder the Registrar or a person authorised by the Registrar while exercising a power conferred by subsection (1).

              4. In this section relevant document, in relation to a retirement village, means a document that contains information relating to—

              5. the retirement village; or
                1. money or other property that is, or has been, managed, supervised, controlled, or held in trust by or for the retirement village.

                  1. Nothing in this section requires any person to produce a document if that person could refuse to produce that document in proceedings on the grounds of any privilege available in a court of law.

                  Notes
                  • Section 97(1)(a)(i): amended, on , by section 116 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
                  • Section 97(1)(a)(ii): amended, on , by section 116 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
                  • Section 97(1)(a)(iii): amended, on , by section 116 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
                  • Section 97(2): amended, on , by section 107(1) of the Data and Statistics Act 2022 (2022 No 39).