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Retirement Villages Act 2003

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

105A: Regulations exempting from provisions of Trusts Act 2019

You could also call this:

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

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The Governor-General can make rules that exempt some trusts or people from following certain parts of the Trusts Act 2019. You need to know that these rules can only be made if the Minister recommends them. The Minister can only make a recommendation if they think that following the Trusts Act 2019 would be unnecessary or too hard for the trust or person. The Minister must consider the purpose of the Trusts Act 2019 and this Act when making their decision. These rules are a type of secondary legislation, which has its own publication requirements, as outlined in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS451174.

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

105ARegulations exempting from provisions of Trusts Act 2019

  1. The Governor-General may, by Order in Council, make regulations exempting any trust, trustee, statutory supervisor, operator, or other person, or any class of trust or person, from the application of any provision or provisions of the Trusts Act 2019 and prescribing the terms and conditions (if any) of the exemption.

  2. Regulations may only be made under this section on the recommendation of the Minister, and the Minister may make a recommendation only if satisfied that—

  3. the application of the provision or provisions of the Trusts Act 2019 would, in the circumstances, be unnecessary in respect of the trust or class of trust, or would require the trustee, statutory supervisor, operator, or other person or class of person to comply with requirements that were unduly onerous or burdensome; and
    1. having regard to the purpose and principles of the Trusts Act 2019 and the purpose of this Act, the extent to which the application of the provisions of the Trusts Act 2019 is disapplied is not broader than is reasonably necessary to address the matters that gave rise to the regulations.

      1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      Notes
      • Section 105A: inserted, on , by section 184 of the Trusts Act 2019 (2019 No 38).
      • Section 105A(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).