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Retirement Villages Act 2003

Validation of fees

Schedule 5: Matters to be included in code of practice

You could also call this:

"What Retirement Villages Must Do: Rules for Safety, Care, and Fairness"

Illustration for Retirement Villages Act 2003

The Retirement Villages Act 2003 has a code of practice that you need to know about. This code of practice is like a set of rules that retirement villages must follow. It covers things like staffing, safety, and how villages are managed. You can find more information about this in the Act, which is empowered by s 89. The code of practice also talks about things like fire protection, complaints, and accounts. The code of practice must include rules about how retirement villages are run. This includes things like meetings between residents and the village operator, and how complaints are handled. It also covers things like maintenance and upgrading of the village, and how occupation right agreements can be terminated. You can learn more about these topics and how they affect you as a resident or intending resident. The code of practice is important because it helps keep you safe and ensures that retirement villages are well-run. It also gives you rights and protections as a resident, such as the right to make complaints and have them handled fairly. You can find more information about the code of practice and the Retirement Villages Act 2003 by reading the Act itself, which was amended by the Retirement Villages Amendment Act 2007.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM221425.

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Schedule 4: Code of residents' rights, or

"Your Rights as a Retirement Village Resident"

5Matters to be included in code of practice Empowered by s 89

1Staffing of retirement village

  1. The matters that must be addressed in the code of practice area—

  2. the qualifications and experience of staff at each retirement village:
    1. arrangements for the training and ongoing supervision of those staff.

      2Safety and personal security of residents

      1. The matters that must be addressed in the code of practice are—

      2. the manner in which the physical environment and management practices at each retirement village must maintain and enhance the physical safety and security of residents (including those with disabilities):
        1. the circumstances in which a retirement village can use the personal security of intending residents or residents as a promotional feature in its advertising, and if this is permitted, requirements to ensure that security is maintained at levels featured in any promotional material.

          3Fire protection and emergency management

          1. The matters that must be addressed in the code of practice are—

          2. requirements relating to the protection of residential village units and retirement village facilities from fire:
            1. requirements relating to plans, instructions, and equipment for dealing with fire and other emergencies:
              1. requirements relating to insurance cover for residential units and retirement village facilities and units for fire and accidental damage:
                1. requirements relating to access to residential units and retirement village facilities for those with disabilities.

                  4Transfer of residents within retirement village

                  1. The matters that must be addressed in the code of practice are—

                  2. requirements to be included in occupation right agreements about the transfer of residents from independent self-care units to parts of the retirement village providing greater care:
                    1. requirements relating to the financial and other arrangements that apply in the event of a transfer of a resident in the circumstances referred to in paragraph (a).

                      5Meetings of residents with operator and resident involvement

                      1. The matters that must be addressed in the code of practice are—

                      2. requirements as to the frequency of meetings between residents and the operator of the retirement village or representatives of the operator:
                        1. requirements as to the opportunity for residents to participate in decision-making affecting the retirement village and access by the residents to the operator of the retirement village or representatives of the operator.

                          6Complaints facility

                          1. The matters that must be addressed in the code of practice are—

                          2. the procedures for making and acknowledging receipt of complaints by residents (including complaints about another resident of the retirement village):
                            1. requirements for informing a resident about progress on the resident's complaint at regular intervals:
                              1. the procedures for—
                                1. resolving complaints; and
                                  1. making decisions on complaints where resolution is not possible:
                                  2. time limits within which the person dealing with the complaint on behalf of the operator must make and notify a decision on the complaint:
                                    1. requirements as to the form of notification of a decision about a complaint.

                                      7Accounts

                                      1. The matters that must be addressed in the code of practice are—

                                      2. requirements relating to the frequency of accounts for outgoings and service charges:
                                        1. requirements relating to the breakdown of items for which charges are imposed:
                                          1. requirements designed to ensure that accounts are presented in a format that can be readily understood.

                                            8Maintenance and upgrading

                                            1. The matters that must be addressed in the code of practice are—

                                            2. requirements for residents to be notified of a contact person for minor repairs and maintenance:
                                              1. requirements relating to the periodical review of maintenance agreements and the role of residents in respect of those reviews:
                                                1. requirements for the maintenance and periodic upgrading of retirement villages to be provided in the funding arrangements for retirement villages:
                                                  1. construction standards for new retirement villages or new residential units within existing retirement villages.

                                                    9Termination of occupation right agreement by operator or resident

                                                    1. The matters that must be addressed in the code of practice are—

                                                    2. the grounds on which an occupation right agreement may be terminated by the operator of the retirement village or a resident:
                                                      1. the process that must be followed by the operator or resident before exercising any right to terminate an occupation right agreement:
                                                        1. requirements relating to payments due when an occupation right agreement is terminated and the manner in which those amounts are calculated, including—
                                                          1. the period for which charges will continue to be imposed after termination:
                                                            1. the relationship between those charges and ongoing costs:
                                                              1. the operator's responsibilities in relation to the sale or other disposal of a residential unit made vacant as a result of the termination:
                                                                1. the rights of the former resident or the estate of the former resident in relation to the sale or other disposal of a residential unit made vacant as a result of the termination.

                                                                10Communication

                                                                1. The matters that must be addressed in the code of practice are requirements in relation to communication by the operator of a retirement village with residents or intending residents for whom English is a second language or whose ability to communicate is limited.

                                                                The code of practice must specify minimum requirements to be given effect to in any occupation right agreement in relation to the following topics:

                                                                Notes
                                                                • Schedule 5: amended, on , by section 4 of the Retirement Villages Amendment Act 2007 (2007 No 78).