# Retirement Commission — Resident Resources Guide **Source:** https://retirement.govt.nz/retirement-villages/resources-for-retirement-village-residents **Capture Date:** June 2026 **Topic:** Retirement Village Resident Rights, Regulation, and Where to Get Help --- ## How Retirement Villages Are Regulated Retirement villages in New Zealand are governed primarily by the **Retirement Villages Act 2003** and the **Retirement Villages Code of Practice 2006**. Together, they set out: - Legal obligations of village operators - Rights and protections for residents - Financial arrangements (entry and exit) - Dispute resolution processes - Supervision and monitoring requirements The **Registrar of Retirement Villages** (part of the Ministry of Housing and Urban Development) oversees the sector. Every village must be registered with the Registrar. ## Disclosure Statements Village operators must provide three distinct disclosure documents to prospective residents **before any agreement is signed**: | Document | Timing | Purpose | | ---------------------------------- | ------------------------------------- | ----------------------------------------------------------------------- | | **Pre-entry Disclosure Statement** | Before signing any offer or agreement | Gives key info: fees, services, village rules, financial structure | | **General Disclosure Statement** | Annually during occupation | Updates on village finances, operator solvency, any changes to services | | **Annual Report** | After each financial year | Audited financial statements, directors' report | These documents must contain prescribed information under the Code of Practice, including: - All fees and charges (weekly fees, DMF, capital repayment terms) - Services included and any exclusions - Village rules and policies - Rights and responsibilities of residents - Dispute resolution procedures - Insurance arrangements - Details of any Statutory Supervisor ## Occupation Right Agreements (ORA) An **Occupation Right Agreement (ORA)** is the legal contract between the resident and the village operator that gives the resident the right to live in the village. Key features: - **Not a freehold or leasehold** — you buy the right to occupy a unit - **Different types:** License to occupy, leasehold interest, or unit title - Sets out the **entry payment** (capital contribution) and how it's repaid when you leave - Specifies **ongoing fees** (weekly or monthly service charges) - Details **Deferred Management Fee (DMF)** — what it is, how it's calculated, maximum - Must include **cooling-off rights** prominently - Cannot contain **unfair terms** — operators cannot contract out of the Act > **Important:** The operator cannot change the type of ORA after you have moved in without your written consent. ## Cooling-Off Rights You have a **statutory cooling-off period of 15 working days** after signing an ORA. Key rules: - Begins from the date you receive the signed ORA - During this period you can cancel **for any reason** with no penalty - You must give written notice to the operator - Any deposit paid must be **fully refunded within 15 working days** of cancellation - The operator must inform you of your cooling-off rights in writing > Operators cannot require you to waive your cooling-off rights as a condition of entry. ## Residents' Rights Under the Act and Code of Practice, residents have the right to: - **Be treated with respect and dignity** - **Live in a safe, secure, and well-maintained environment** - **Access complaint and dispute resolution processes** - **Form a residents' committee** and be consulted on: - Changes to village services or facilities - Annual budgets and fee increases - Village rules - Capital expenditure plans - **Receive clear information** about fees and costs - **Have privacy and confidentiality** respected - **Be free from discrimination** (covered also by the Human Rights Act) - **Access the Statutory Supervisor** independently of the operator - **Participate in decisions** about the village's operation through a Residents' Committee - **Receive a copy of the Code of Practice** on request ## Making a Complaint If issues arise, follow this stepped approach: ### Step 1: Informal resolution Raise the matter directly with the village manager or operator. Most issues can be resolved at this level. ### Step 2: Formal internal complaint If informal resolution fails, make a formal written complaint to the operator. They must: - Acknowledge receipt within 5 working days - Investigate and respond within 20 working days - Provide written reasons for their decision ### Step 3: Contact the Statutory Supervisor Each village has an independent Statutory Supervisor who monitors the operator's compliance. They can investigate complaints and require the operator to rectify issues. ### Step 4: Disputes Panel The Retirement Villages Disputes Panel is a specialist body that can hear disputes and make binding decisions. ### Step 5: The Registrar The Registrar of Retirement Villages can investigate systemic issues and take enforcement action against non-compliant operators. ### Step 6: External options - **Community Law Centres** — free legal advice - **Citizens Advice Bureau** — information and referral - **Private solicitor** specialising in elder law - **Consumer NZ** — advocacy and information - **Age Concern NZ** — support for older people ## Where to Get Help ### Retirement Commission - Website: retirement.govt.nz - Information and resources for current and prospective residents ### Registrar of Retirement Villages - Ministry of Housing and Urban Development - Phone: 0800 004 003 - Email: retirementvillages@hud.govt.nz - Investigates operator compliance ### Statutory Supervisor - Listed in your ORA and village documentation - Independent of the operator - First point of contact for unresolved issues ### Community Legal Services - **Community Law:** 0800 266 222 - **Citizens Advice Bureau:** 0800 367 222 ### Advocacy and Support - **Age Concern NZ:** 0800 652 105 - **Elder Abuse Response Service:** 0800 32 668 65 --- ## Practical Tips for Residents and Prospective Residents 1. **Read the disclosure statement carefully** before signing anything 2. **Understand the DMF** — how is it calculated? Is there a maximum cap? When is it deducted? 3. **Know your cooling-off rights** — don't let anyone pressure you 4. **Visit more than once** — talk to current residents privately 5. **Get independent legal advice** — a lawyer experienced in retirement village law is essential 6. **Check the village rules** — do they suit your lifestyle? 7. **Ask about fee increases** — how often, by how much, is there a cap? 8. **Understand what happens when you leave** — capital repayment timeframes, deductions 9. **Join the residents' committee** — collective voice is powerful 10. **Keep copies of everything** — disclosure statements, ORAs, correspondence --- _This resource 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._