Retirement Villages Act 2003

Validation of fees

Schedule 3: Occupation right agreements

You could also call this:

"Rules for Living in a Retirement Village"

Illustration for Retirement Villages Act 2003

When you live in a retirement village, you have an occupation right agreement. This agreement must include certain things, such as information about staffing and safety. It must also include information about meetings and accounts. You need to know what is in your agreement, so you can understand your rights. The agreement must have provisions about things like fire protection and maintenance. It must also have information about how to make complaints and resolve disputes, as outlined in the Retirement Villages Act 2003. The provisions in your agreement must be consistent with the Retirement Villages Act 2003 and any regulations made under that Act. They must also be consistent with the code of practice, unless the operator is exempt. This is to ensure you are treated fairly and with respect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM221413.

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

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Schedule 2: Disclosure statements, or

"Important Information About the Retirement Village"

Schedule 4: Code of residents' rights, or

"Your Rights as a Retirement Village Resident"

3Occupation right agreements Empowered by s 27

1

The occupation right agreement must contain—

provisions in relation to the following topics:

the staffing of the retirement village:
the safety and personal security of residents:
fire protection and emergency management:
the transfer of residents within the retirement village:
meetings of residents with the operator:
accounts:
maintenance and upgrading:
the termination of the occupation right agreement by a resident or the operator:
communication to those for whom English is a second language or whose ability to communicate is limited:

provisions requiring—

the operator and the purchaser to consult with residents before the operator's interest in the village is sold or otherwise disposed of:
the consultation referred to in subparagraph (i) to take place—
1. at a time directed by the statutory supervisor of the retirement village (if there is one); or
2. in any other case, at an appropriate time that is a reasonable time before settlement of the transaction:
the operator to consult with residents before appointing a new manager:
the operator to consult with the residents about any proposed changes in the services and benefits provided or the charges that the residents pay that will or might have a material impact on the residents' occupancy or ability to pay for the services and benefits provided:
the operator, the people who work at the village, and the people who provide services at the village, to treat the residents with courtesy and to respect the rights of residents:
the operator, the people who work at the village, and the people who provide services at the village, not to exploit the residents:

provision for a complaints facility and disputes procedure that complies with the Retirement Villages Act 2003:

any provisions required by the Retirement Villages Act 2003 or regulations made under that Act:

any provisions required by the code of practice, unless the operator is exempt from the requirement to comply with that provision:

information on the code of residents' rights and the code of practice.

2

The provisions referred to in paragraphs (a) to (e) of clause 1 must be consistent with—

the Retirement Villages Act 2003, and any regulations made under that Act; and

any provision in the code of practice, unless the operator is exempt from the requirement to comply with that provision.