# Retirement Commission — Statutory Supervisors **Source:** https://retirement.govt.nz/retirement-villages/the-act-regulations-and-codes/statutory-supervisors **Capture Date:** June 2026 **Topic:** Role, Powers, and Duties of Statutory Supervisors in Retirement Villages --- ## Overview Every registered retirement village in New Zealand must have a **Statutory Supervisor** — an independent person or organisation appointed to protect the interests of residents. The role is created under the **Retirement Villages Act 2003** and is a core safeguard in the regulatory framework. > The Statutory Supervisor is **not** an employee of the village operator. They are a legally independent check on the operator's compliance with the Act, the Code of Practice, and their obligations to residents. --- ## What Is a Statutory Supervisor? A Statutory Supervisor is a person (often a chartered accountant, lawyer, or trustee company) appointed under section 93 of the Retirement Villages Act 2003. They are approved by the Registrar of Retirement Villages and must meet prescribed criteria for independence and competence. ### Typical Statutory Supervisor organisations: - Trust companies (e.g., Perpetual Guardian, Public Trust) - Accounting firms with specialised knowledge - Law firms with retirement village expertise - Specialist corporate trustee companies --- ## Key Role and Purpose The Statutory Supervisor acts as a **watchdog** for residents. Their primary role is to: - **Monitor** the operator's compliance with the Act, the Code of Practice, and the ORA - **Investigate** complaints from residents - **Report** to the Registrar on serious issues - **Protect** residents' financial and legal interests - **Ensure** the operator maintains proper accounts and records They are **not** a substitute for the operator's management — they oversee, not operate. --- ## Powers of the Statutory Supervisor Under the Act, the Statutory Supervisor has specific legal powers: | Power | Description | | ------------------------------- | ------------------------------------------------------------------------------ | | **Access to information** | Can request and receive any documents from the operator relevant to compliance | | **Access to the village** | Can enter and inspect the village at any reasonable time | | **Investigate complaints** | Must investigate complaints referred by residents or the Registrar | | **Require corrective action** | Can direct the operator to rectify non-compliance | | **Report to the Registrar** | Must report serious or ongoing non-compliance | | **Apply to the Disputes Panel** | Can initiate proceedings on behalf of residents | | **Attend residents' meetings** | Can attend and speak at residents' committee meetings | | **Access to accounts** | Must receive and review the village's annual financial statements | | **Audit oversight** | Can require further audits or financial reviews if concerns arise | --- ## Duties of the Statutory Supervisor ### To Residents: - Act honestly, in good faith, and in the best interests of residents - Consider the interests of residents collectively (not just individual complaints) - Maintain confidentiality of personal information - Provide information to residents about their role - Respond to complaints in a timely manner ### To the Operator: - Communicate findings and concerns professionally - Give the operator a reasonable opportunity to respond - Respect the operator's management role - Cooperate in resolving issues informally where possible ### To the Registrar: - File annual reports on the village's compliance - Report serious issues immediately - Cooperate with Registrar investigations - Notify the Registrar if they intend to resign --- ## How Statutory Supervisors Protect Residents ### 1. Financial Oversight The Statutory Supervisor reviews: - Annual financial statements and audit reports - Operator solvency and financial viability - Fee increases and whether they comply with the ORA - Insurance adequacy - Capital repayment funds held for departing residents ### 2. Compliance Monitoring They check: - Disclosure statements are provided on time and are accurate - Cooling-off rights are respected - Village rules comply with the Code of Practice - Residents' committee consultation requirements are met - Complaints are properly handled by the operator ### 3. Complaint Investigation When a resident raises a concern: - The Statutory Supervisor acknowledges receipt - Investigates by reviewing documents and speaking with both parties - Issues a written finding - If the operator is at fault, requires corrective action - If the issue is systemic, reports to the Registrar ### 4. Liaison with Residents - Available to attend residents' committee meetings - Provides annual updates on their work - Can explain residents' rights under the Act and Code - Acts as a bridge between residents and the operator when needed --- ## Independence from Operators The Statutory Supervisor's independence is protected by several legal requirements: - Cannot be an **employee** or **director** of the operator - Cannot have a **financial interest** in the village (other than as a resident, if applicable) - Cannot be a **close relative** of a director or senior manager of the operator - Appointment must be **approved by the Registrar** - **Cannot be removed** by the operator without the Registrar's consent - Must **disclose** any actual or potential conflicts of interest - Fees are paid by the operator but **cannot be withheld** for unfavourable findings > If residents believe the Statutory Supervisor is not acting independently, they can raise this with the Registrar of Retirement Villages. --- ## When to Contact Your Statutory Supervisor Contact your Statutory Supervisor when: - The operator has not resolved a formal complaint - You are concerned about operator compliance - You believe fees are being incorrectly charged - Maintenance or services are not being provided as agreed - The operator is not consulting the residents' committee - You are concerned about the operator's financial position - You want an independent view on a village matter ### How to Find Your Statutory Supervisor - Listed in your **Occupation Right Agreement (ORA)** - Included in the **Pre-entry Disclosure Statement** - Available from the **village manager** on request - Contact the **Registrar** if the above fail: 0800 004 003 --- ## What if the Statutory Supervisor Is Not Fulfilling Their Role? If you believe your Statutory Supervisor is not acting properly: 1. Raise your concern directly with them in writing 2. If no satisfactory response, contact the **Registrar of Retirement Villages** 3. The Registrar can: - Direct the Statutory Supervisor to take action - Appoint a **new Statutory Supervisor** if necessary - Investigate the complaint independently --- ## Comparison: Statutory Supervisor vs Registrar vs Disputes Panel | | Statutory Supervisor | Registrar | Disputes Panel | | -------------------- | ------------------------------------------ | -------------------------------------- | ------------------------ | | **Scope** | Individual village | Sector-wide | Individual disputes | | **Powers** | Investigate, direct corrective action | Register, enforce, appoint supervisors | Hear and decide disputes | | **Action** | Proactive monitoring + reactive complaints | Regulatory enforcement | Binding adjudication | | **Cost to resident** | Free | Free | Low cost | | **Speed** | Weeks | Months (varies) | Months | --- ## Contact Points ### Statutory Supervisor - Found in your village documentation - Independent of the operator ### Registrar of Retirement Villages - **Phone:** 0800 004 003 - **Email:** retirementvillages@hud.govt.nz - **Post:** Ministry of Housing and Urban Development, PO Box 5249, Wellington 6140 ### Retirement Commission - **Website:** retirement.govt.nz --- ## Practical Tips for Residents 1. **Know who your Statutory Supervisor is** — find their name and contact details 2. **Contact them first** for unresolved operator complaints 3. **Use the formal complaint process first** before going to the Statutory Supervisor 4. **Keep records** — dates, documents, correspondence 5. **Involve the residents' committee** — collective concerns are taken more seriously 6. **Don't be afraid to escalate** — if the Statutory Supervisor is unhelpful, go to the Registrar 7. **Annual meeting** — ask the Statutory Supervisor to attend the annual residents' meeting 8. **Report financial concerns** — if you think the operator is in financial trouble, tell your Statutory Supervisor immediately --- _This information is based on the Retirement Commission website and the Retirement Villages Act 2003. For the most current information, visit retirement.govt.nz or contact the Registrar of Retirement Villages._