# Retirement Commission — Complaints and Disputes **Source:** https://retirement.govt.nz/retirement-villages/complaints-and-disputes **Capture Date:** June 2026 **Topic:** Retirement Village Complaint and Dispute Resolution Processes --- ## Overview The Retirement Villages Act 2003 and the Retirement Villages Code of Practice 2006 establish a clear, stepped process for raising concerns and resolving disputes in retirement villages. The system is designed to start informally and escalate only as needed, helping residents and operators resolve issues efficiently. > **Important:** You should never be disadvantaged or treated differently for making a complaint. Retaliation by an operator is a breach of the Code of Practice. --- ## Step 1: Informal Resolution (Always First) Before any formal process, raise your concern directly with the person or team involved — usually the village manager or a staff member. **Tips for informal resolution:** - Outline the issue calmly and specifically - Suggest a practical solution - Allow time for the operator to respond - Keep a written record of the conversation (date, who you spoke to, what was agreed) Most complaints are resolved at this level. The Code requires operators to attempt informal resolution before formal action is taken. **If the issue involves another resident** (e.g., noise, behaviour): try speaking with them directly first, or ask the village manager to facilitate. --- ## Step 2: Formal Internal Complaint If informal resolution doesn't work, make a formal written complaint to the operator. ### Operator's Obligations (under the Code of Practice): | Requirement | Timeframe | | ---------------------------------------- | ---------------------------------------------------------- | | Acknowledge receipt of complaint | Within **5 working days** | | Investigate and provide written decision | Within **20 working days** of receipt | | Extend period (if needed) | Only with written notice stating reasons and new timeframe | | Provide reasons for decision | Must be in writing with full explanation | ### What to Include in a Formal Complaint: - Your name and unit number - Clear description of the issue - What outcome you are seeking - Any supporting evidence (photos, emails, witness statements) - Dates and timeline of events - Previous attempts to resolve informally The operator must keep a complaints register and record all formal complaints. --- ## Step 3: Contact the Statutory Supervisor Every registered retirement village has an independent **Statutory Supervisor** appointed to: - Monitor the operator's compliance with the Act and Code - Investigate complaints from residents - Report to the Registrar if serious non-compliance is found **How the Statutory Supervisor can help:** - Review the operator's handling of your complaint - Investigate independently - Require the operator to take corrective action - Refer systemic issues to the Registrar > The Statutory Supervisor is **independent** of the operator. Their contact details should be in your ORA or available from the village office. **If you don't know who your Statutory Supervisor is** — ask the village manager or check your disclosure documents. You can also contact the Registrar of Retirement Villages for assistance. --- ## Step 4: Retirement Villages Disputes Panel For unresolved disputes, the **Retirement Villages Disputes Panel** provides a specialist dispute resolution forum. ### Key Features of the Disputes Panel: | Aspect | Details | | ------------------------ | ----------------------------------------------------------------------- | | **Jurisdiction** | Disputes under the Retirement Villages Act or Code of Practice | | **Who can apply** | Residents, residents' committees, operators, or anyone with an interest | | **Cost** | Relatively low-cost compared to court | | **Process** | Less formal than court; mediation-style | | **Legal representation** | Allowed but not required | | **Decisions** | Binding and enforceable | | **Appeals** | To the District Court on questions of law | | **Time limit** | Generally must apply within 12 months of the issue arising | ### Typical Panel Composition: - Chairperson (legally qualified) - One person with retirement village experience - One person with knowledge of older people's issues ### What the Panel Can Order: - A party to do or not do something - Payment of compensation (no upper limit specified) - Variation or cancellation of an ORA - Costs against either party ### Applying to the Disputes Panel: Contact the **Ministry of Housing and Urban Development** for application forms and guidance: - Phone: 0800 004 003 - Email: retirementvillages@hud.govt.nz - Website: hud.govt.nz --- ## Step 5: Registrar of Retirement Villages The **Registrar of Retirement Villages** oversees the entire retirement village sector. Their role includes: - Maintaining the register of retirement villages - Ensuring operators comply with the Act and Code - Investigating systemic non-compliance - Taking enforcement action — including issuing compliance notices - Appointing or replacing Statutory Supervisors - Reporting on the state of the sector ### When to Contact the Registrar: - The operator is not registered - The Statutory Supervisor is not acting (or not acting independently) - There are concerns about the operator's financial viability - The operator is refusing to comply with a disclosure obligation - There is a **systemic issue** affecting multiple residents - The village is being wound up or the operator is insolvent ### Contact Details: - **Phone:** 0800 004 003 - **Email:** retirementvillages@hud.govt.nz - **Postal:** Registrar of Retirement Villages, Ministry of Housing and Urban Development, PO Box 5249, Wellington 6140 --- ## Step 6: External Options If the internal processes are exhausted or the issue cannot be resolved through the retirement village system, consider: ### Legal Options - **Community Law Centre** — free or low-cost legal advice (0800 266 222) - **Citizens Advice Bureau** — information and referral (0800 367 222) - **Private solicitor** experienced in retirement village and elder law - **District Court** — for matters outside the Disputes Panel's jurisdiction (e.g., sale of land disputes) ### Advocacy - **Age Concern NZ** — support, information, and advocacy for older people (0800 652 105) - **Elder Abuse Response Service** — 24/7 support (0800 32 668 65) - **Consumer NZ** — policy advocacy and consumer rights information ### Dispute Resolution Services - **Mediation Services** — if both parties agree to independent mediation - **Arbitration** — binding process if agreed in advance --- ## Complaints About Operators — Specific Issues ### Fee and Charge Disputes - Operator must follow the methodology set out in your ORA - Any increase must be justified and notified as per the Code - Dispute: Start with informal resolution, then formal written complaint - If operator has miscalculated fees, the Statutory Supervisor can compel correction ### Capital Repayment Disputes - The ORA must specify how and when your capital contribution is repaid - If repayment is delayed beyond the contractual period (typically 6–12 months after vacancy), escalate to the Statutory Supervisor - Consumer NZ recommends shorter timeframes; current Act review is examining this ### DMF Disputes - The Deferred Management Fee must be calculated as set out in the ORA - If you believe it has been incorrectly applied, request a detailed breakdown from the operator - Unresolved: escalate to Statutory Supervisor → Disputes Panel ### Breach of Village Rules - Operator must enforce rules consistently across all residents - If you believe rules are being applied unfairly or unreasonably, make a formal complaint - Residents' committee can challenge unreasonable rules collectively ### Maintenance and Service Failures - Operator must maintain the village to a reasonable standard (Code of Practice requirement) - Document the issue with photos and dates - If not resolved through formal complaint, contact the Statutory Supervisor --- ## Residents' Committee — Collective Complaints The residents' committee can raise issues on behalf of **all residents** or a group of residents. This is often more effective for systemic issues: - Fee increases without proper consultation - Changes to services or facilities - Operator non-compliance with the Code - Village-wide maintenance failures The operator must consult the residents' committee on certain prescribed matters including annual budgets, proposed rule changes, and capital expenditure decisions. --- ## Practical Tips 1. **Document everything** — keep notes, emails, letters, photos with dates 2. **Follow the steps in order** — you can't skip to the Disputes Panel without trying informal resolution first 3. **Get support** — ask a family member, friend, or advocate to help you 4. **Know your rights** — operators cannot contract out of the Act or Code 5. **Use the Statutory Supervisor** — they are your independent safeguard 6. **Don't delay** — some processes have time limits 7. **Consider mediation** — faster and less adversarial than the Disputes Panel 8. **Join the residents' committee** — collective complaints carry more weight --- _This guide is based on information published by the Retirement Commission. For the most current information, visit retirement.govt.nz or contact the Registrar of Retirement Villages on 0800 004 003._