Retirement Villages Act 2003

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

105: Regulations prescribing criteria for exemptions under section 93

You could also call this:

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

Illustration for Retirement Villages Act 2003

The Governor-General can make rules about when people do not have to follow certain parts of the code of practice, as stated in section 93. You need to know that the Minister must think the rules will only let people avoid following the code if it is not necessary to protect residents or if it would be undesirable. The Minister makes these recommendations before the Governor-General makes the rules. The rules made under this section are called secondary legislation, which means they have to be published in a certain way, as explained in Part 3 of the Legislation Act 2019. This is how the government makes sure people know about the rules. You can find more information about this in the Legislation Act. The government has to follow certain steps when making these rules. This is to ensure the rules are fair and reasonable. You can learn more about this process by reading the relevant laws and regulations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220976.

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

Topics:

Housing and property > RentingMoney and consumer rights > Savings and retirement

104: Regulations prescribing criteria for exemptions under section 41, or

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

105A: Regulations exempting from provisions of Trusts Act 2019, or

"Special rules that let some trusts or people not follow parts of the Trusts Act 2019"

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

105Regulations prescribing criteria for exemptions under section 93

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 93 (which relates to the grant of exemptions from the requirement to comply with a provision or provisions of the code of practice).
The Minister must not recommend the making of an 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 comply with a provision or provisions of the code of practice only in circumstances where compliance with the provision or provisions that are the subject of the exemption 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 105(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).