Retirement Villages Act 2003

Retirement Commissioner and statutory supervisors - Statutory supervisors

43A: Court may make orders

You could also call this:

"The court can make decisions to help residents in a retirement village."

Illustration for Retirement Villages Act 2003

You can ask the court to make orders if you are a statutory supervisor under section 43(1)(c). The court will listen to the operator and other people before making a decision. The court can make orders to protect the residents' interests. You can ask the court to change the rules of the deed of supervision or restrict what the operator can do. The court can also stop the operator from making offers to people to live in the village. The court might tell the operator to have a meeting with the residents to discuss important information. The court has the power to stop court cases or tell the operator what to do with the village property. The court can even appoint someone to manage the property or stop the transfer of ownership. The court will consider what is best for the residents and the public when making decisions. The court can change or cancel its orders at any time. When making decisions, the court must think about what is fair for all the people who are owed money by the operator.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6344314.

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Part 3Retirement Commissioner and statutory supervisors
Statutory supervisors

43ACourt may make orders

  1. The court may, on application by a statutory supervisor under section 43(1)(c) and after giving the operator and any other person that the court thinks fit the opportunity to be heard, make 1 or more of the orders listed in subsection (2).

  2. The orders may—

  3. amend the provisions of the deed of supervision:
    1. impose restrictions on the activities of the operator (including restrictions on advertising) that the court thinks are necessary to protect the interests of the residents:
      1. direct that no offer of occupation of the kind specified in the order be made while the order is in force:
        1. direct the operator to convene a meeting of the residents (and give any other directions it thinks fit relating to the conduct of that meeting) for the purpose of—
          1. having placed before the residents by the statutory supervisor the information or proposal that the court or the statutory supervisor thinks necessary or appropriate and that relates to the residents' interests; and
            1. obtaining the opinions or directions of the residents:
            2. give directions in relation to the conduct of any meeting convened in accordance with paragraph (d):
              1. stay any civil actions or civil proceedings before the court by or against the statutory supervisor or the operator:
                1. restrain the transfer of an interest in all or any part of the retirement village:
                  1. appoint a receiver or manager of the property that constitutes the retirement village (with any powers that the court orders):
                    1. remove a receiver or manager of the property that constitutes the retirement village:
                      1. give any other directions that the court considers necessary to protect the interests of the residents or the public.
                        1. The court may vary or cancel an order made under this section.

                        2. In exercising its powers under this section, the court must have regard to the interests of all creditors of the operator.

                        Notes
                        • Section 43A: inserted, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).