Protection For Retirement Village Residents
The Retirement Villages Act, regulations, Code of Practice and Code of Residents’ Rights provides world-leading comprehensive protection for residents.
Residents’ financial interests are also protected by a statutory supervisor even in the event of a natural disaster.
Code of Practice
All registered retirement villages in New Zealand must comply with the Retirement Villages Code of Practice 2008. The Code sets out the minimum standards for a village’s operation. These standards include, but are not limited to:
Documents operators must provide intending residents;
Policies and procedures, induction process for staff and new residents, when an operator can access a resident’s home;
Staffing policies and procedures;
Written safety and security policies;
Fire and emergency procedures;
Process to transfer residents in the village;
Frequency and conduct of meetings, rights to consultation;
The Village Complaint and Dispute process;
How residents’ accounts should be handled;
How to deal with maintenance and repairs in the common property and individual homes;
Termination of an agreement, including the marketing and sale;
Communication with residents.
Code of Residents Rights
The Retirement Villages Act 2003 also includes a Code of Residents’ Rights. A summary of these are:
The right to services and other benefits promised in the Occupation Right Agreement
The right to information to anything affecting the terms and conditions of your residency
The right to be consulted by the operator about proposed changes to the services and benefits provided or the charges you pay that might have a material impact on your occupancy or your ability to pay
The right to complain and receive a response within a reasonable time
The right to a speedy and efficient process for resolving disputes
The right to have a support person to represent you in your dealings with the operator or other residents
The right to be treated with courtesy and respect by the operator, the staff and contractors
The right not to be exploited by the operator, the staff or contractors.
Occupation Right Agreement (ORA)
Once you’ve chosen your village, you must sign an Occupation Right Agreement (ORA). This is the legally binding agreement between the resident and the village operator. The ORA sets out the terms and conditions of your right to live in the village. It will vary from village to village so it’s important that you understand the differences.
Legal Advice
Every resident who moves to a village must receive independent legal advice and the solicitor providing that advice must certify that they have done so. This, together with other safeguards, is why New Zealand’s retirement village legislation is world class and envied by other countries.
“All residents’ interest in the village are protected”
