Code of Practice 2008
The Code of Practice 2008 sets out further rights and obligations of retirement village operators and residents. It provides a set of minimum requirements that all retirement village operators must comply with.
Provisions in the Code override any less-favourable term in an occupation right agreement and are enforceable by residents against operators.
Operator must provide copies
The village operator must give a copy of the Code of Practice to any intending resident along with the disclosure statement, occupation right agreement and Code of Residents Rights before the intending resident signs an occupation right agreement. The village operator must also give a copy of the Code of Practice to any resident or intending resident who asks for one.
Areas covered by the Code of Practice 2008
The Code of Practice 2008 sets out minimum requirements of operators
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Staffing of retirement villages
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Safety and personal security of residents
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Fire protection and emergency management
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Transfer of residents within a retirement village
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Complaints facility
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Meetings of residents with the operator and residents involvement
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Accounts
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Maintenance and upgrading
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Termination of an occupation right agreement by the operator or resident
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Communication with residents
Read the Code of Practice 2008
You can download a PDF copy of the Code of Practice 2008 to read or print.
Dispute resolution diagram
The Code includes a dispute resolution diagram that clearly presents the process for making a complaint and other options available to residents.
Changes to the Code of Practice
The Retirement Commissioner is responsible for consulting on any proposed variations to the Code of Practice, analysing submissions and making recommendations to the Minister for Building and Construction.
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Variations in effect from 1 April 2017
In October 2016 the Minister for Building and Construction gave notice of variations to the Retirement Villages Code of Practice 2008 which come into force on 1 April 2017. The variations were to clauses 31 - 36 concerning the complaints facility in retirement villages.
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Variations in effect from October 2013
In October 2012, the Minister for Building and Construction gave notice of variations to the Retirement Villages Code of Practice 2008 which came into force on 14 October 2013. The variations were to clauses 22, 47 and 54 and concerned no-fault exit situations in retirement villages, such as a result of the Canterbury earthquakes.
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Recommendations
The Retirement Commissioner received submissions on the different variations processes and presented recommendations to the Minister for Building and Construction.
Consultation on the proposed Code of Practice 2008
Prior to the Code of Practice 2008 coming into effect, the Commissioner consulted on the proposed code and made recommendations to the Minister for Building and Construction.