Review of the Retirement Villages Act 2003
The Government released a discussion paper as part of the Review of the Retirement Villages Act 2003 in August 2023 detailing options for change. Submissions have now closed. The Ministry of Housing and Urban Development, which is leading the review work, is analysing the submissions.
The discussion paper called for feedback on a raft of proposals relating to the three phases of retirement village living: moving in, living in, and moving out. This spans everything from plain language disclosure statements, partially standardised occupation rights agreements, replacing the current complaints and disputes scheme, right through to introducing mandatory timeframes for repayment of capital sums after units have been vacated.
The Ministry of Housing and Urban Development will be reporting to the Associate Minister of Housing Hon Tama Potaka later this year with an analysis of the submissions.
The Retirement Commissioner monitors the effects of the Retirement Villages Act 2003
An independent monitoring programme began in 2008, with reports on the following focus areas:
- 2023-24 Retirement Villages: International Scan of Operating Models
- 2022-23 The experience of residents and their whānau
when a resident moves on from (or within) a retirement village - 2021-22: Occupation Right Agreement
- 2020-21: Retirement Villages Legislative Framework
- 2019-20: Operator financial assistance to residents
- 2018-19: The interface of Retirement Villages and Aged Care
- 2017–18: The effectiveness of statutory supervision
- 2016–17: The effectiveness of independent legal advice
- 2014–15: The disputes process
- 2011: Residents
- 2010: Owner-operators
- 2009: Statutory supervisors
Complaint data
Since 1 April 2017 the Commissioner receives six-monthly reports from operators of all registered retirement villages about any formal complaints they have received in the preceding six-month period. Te Ara Ahunga Ora Retirement Commission collects this information as part of its monitoring function under the Retirement Villages Act.
Each operator reports about the number of formal complaints during the six-month period, classification, resolution rate and information about the outcome. The operator also reports how many formal complaints were referred to either a statutory supervisor or mediator.
The Commissioner uses this information to monitor trends and any concerns or issues in the industry and to inform the minister. Te Ara Ahunga Ora publishes a summary of the information received but does not publish the identity of any complainant or village involved in a complaint.