70Operator's obligation to repair

70 Operator's obligation to repair (1) Subject to this Part, it is a term of each caravan park agreement that the operator must: (a) ensure the agreement property is in a reasonable state of repair when a resident enters into occupation of the property; and (b) maintain the agreement property in a reasonable state of repair, having regard to its age, character and prospective life.

Caravan Parks Act 2012 44 (2) An operator is not in breach of the term specified under subsection (1) unless the operator: (a) has notice of a defect requiring repair; and (b) fails to act with reasonable diligence to have the defect repaired. (3) Also, an operator is not in breach of the term specified under subsection (1) if: (a) the repairs (other than emergency repairs) were known to the resident to be required at the time of entering into the caravan park agreement and the resident, in writing, waived the right to have them made; and (b) the agreement property is habitable and meets all health and safety requirements specified under any Act for the agreement (4) This section does not apply to vegetation in a garden that is part of the agreement property unless it is a tree that poses a risk to a person's safety or property.