Retirement Villages Act 2003

Validation of fees

Schedule 1: Registration and register

You could also call this:

"What's in the Retirement Village Register"

Illustration for Retirement Villages Act 2003

The Registrar must keep a register of retirement villages. You can find information about the register in Part 2. The register can be kept in different places in New Zealand. The register can be electronic or kept in another way that the Registrar chooses. The Registrar must keep all records about a retirement village in the same place. You can inspect the register and get copies of documents if you pay a fee. The Registrar can give you a copy of a document or certify that a copy is true. This certified copy can be used as evidence 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=DLM220982.

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Schedule 2: Disclosure statements, or

"Important Information About the Retirement Village"

1Registration and register Empowered by s 20

Form of register

Register

1

The Registrar must ensure that a register of retirement villages registered under Part 2, the application for registration and supporting documents, and the other documents required to be registered under this Act is kept.

    2

    The New Zealand register may be divided into different parts, which may be kept in any places in New Zealand that the Registrar determines from time to time.

      3

      The register may be—

    1. an electronic register; or
      1. kept in any other manner that the Registrar thinks fit.
          1. Registrar may direct transfer

            4

            The Registrar may direct the transfer of part of the register and of any record relating to a retirement village from one place in New Zealand to another place in New Zealand.

              5

              Despite clause 4, the Registrar must not direct the transfer of any part of the register or of any record relating to a particular retirement village unless the operator of the retirement village has requested the transfer and written notice of the proposed transfer is given to the operator.

                6

                The Registrar must give notice in the Gazette of any transfer under clause 4 as soon as practicable after the transfer is made.

                  7

                  Nothing in clauses 5 and 6 applies to the transfer of part of the register or of any record relating to a particular retirement village from one place in New Zealand to another place in New Zealand if—

                1. the register is an electronic register; and
                  1. the transfer is of the whole of the register kept in that place.
                      1. 8

                        All the records relating to a particular retirement village must be kept in the same place.

                          Registration of documents

                          9

                          On receipt of an application for registration as a retirement village or any other document for registration under this Act, the Registrar must,—

                        1. subject to clause 10, register the document in the register; and
                          1. give written advice of the registration to the person from whom the document was received.
                              1. 10

                                The Registrar may refuse to register a document received by the Registrar for registration under this Act if that document—

                              2. is not in the prescribed form, if any; or
                                1. does not comply with this Act or regulations made under this Act; or
                                  1. is not printed or typewritten; or
                                    1. if the register is an electronic register, is not in a form that enables particulars to be entered directly by electronic or other means in the register; or
                                      1. has not been properly completed; or
                                        1. contains material that is not clearly legible.
                                            1. 11

                                              If the Registrar refuses to register a document in reliance on clause 10, the Registrar must request either—

                                            2. that the document be appropriately amended or completed and submitted for registration again; or
                                              1. that a fresh document be submitted in its place.
                                                  1. 12

                                                    A document is registered when—

                                                  2. the document itself is constituted as part of the register; or
                                                    1. particulars of the document are entered in any device or facility referred to in clause 3.
                                                        1. 13

                                                          Neither registration nor refusal of registration of a document by the Registrar affects, or creates a presumption as to, the validity or invalidity of the document or the correctness or otherwise of the information contained in it.

                                                            Inspection and evidence of register

                                                            14

                                                            A person may, on payment of fees (if any) that are prescribed, inspect—

                                                          1. any document that constitutes part of the register:
                                                            1. particulars of any registered document that have been entered on the register referred to in clause 3:
                                                              1. any registered document, particulars of which have been entered in the register.
                                                                  1. 15

                                                                    A person may, on payment of any prescribed fees, require the Registrar to give or certify—

                                                                  2. a copy of, or extract from, a document that constitutes part of the register; or
                                                                    1. particulars of any registered document that have been entered in the register referred to in clause 3; or
                                                                      1. a copy of, or extract from, a registered document, particulars of which have been entered in that register.
                                                                          1. 16

                                                                            A process to compel the production of—

                                                                          2. a registered document kept by the Registrar; or
                                                                            1. evidence of the entry of particulars of a registered document in the register referred to in clause 3
                                                                              1. must not issue from the court without the leave of the court, and, if it is issued from the court with the leave of the court, it must have a statement attached to it that it is issued with the leave of the court.

                                                                                  17

                                                                                  A copy of, or extract from, a registered document—

                                                                                1. that constitutes part of the register; or
                                                                                  1. particulars of which have been entered in the register referred to in clause 3
                                                                                    1. that is certified to be a true copy or extract by the Registrar is admissible in evidence in legal proceedings to the same extent as the original document.

                                                                                        18

                                                                                        An extract certified by the Registrar as containing particulars of a registered document that have been entered in the register referred to in clause 3 is, in the absence of proof to the contrary, conclusive evidence of the entry of those particulars.