Retirement Villages Act 2003

Registrar of Retirement Villages, code of practice, and miscellaneous matters - Validation of fees

104: Regulations prescribing criteria for exemptions under section 41

You could also call this:

"Rules for when you don't need a statutory supervisor in a retirement village"

Illustration for Retirement Villages Act 2003

The Governor-General can make rules about when you do not have to appoint a statutory supervisor, as stated in section 41. You get an exemption only if a statutory supervisor is not needed to protect residents' interests or if it is undesirable. The Minister must think the rules will work this way before recommending them. The Minister recommends rules to the Governor-General. The rules must say when you can be exempt from appointing a statutory supervisor. This happens when a statutory supervisor is not necessary. The rules are a type of law called secondary legislation, which has its own publication requirements, as outlined in Part 3 of the Legislation Act 2019. You can find more information about this in the Legislation Act. The rules help you understand when you need a statutory supervisor.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220975.

This page was last updated on 28 January 2026 — View changes

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103: Regulations defining retirement villages, or

"Rules to Decide What is a Retirement Village"

105: Regulations prescribing criteria for exemptions under section 93, or

"Rules for when people don't have to follow certain retirement village rules"

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

104Regulations prescribing criteria for exemptions under section 41

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing criteria for the grant of exemptions under section 41 (which relates to the grant of exemptions from the requirement to appoint a statutory supervisor).
The Minister must not recommend the making of any Order in Council under subsection (1) unless, in the opinion of the Minister, the regulations will enable the grant of an exemption from the requirement to appoint a statutory supervisor only in circumstances where the appointment of a statutory supervisor is unnecessary for the protection of residents' interests or undesirable.
Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes

Section 104(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).