61 Resident—Act, dict, def resident, par (b) (ii)
(1) A person to whom subsection (2) applies is prescribed.
(2) This subsection applies to a person who—
(a) is the domestic partner of another resident; and
(b) occupies residential premises in the retirement village with the
other resident; and
(c) continues to occupy the residential premises after the other
resident dies or permanently vacates the premises.
Note Domestic partner—see the Legislation Act, s 169 (1).
Schedule 1 Contents of village contracts
Part 1.1 Matter to be included in village contracts
Section 1.1
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Schedule 1 Contents of village contracts
(s 13 (1))
Part 1.1 Matter to be included in village
contracts
1.1 Information to be included in village contract
A village contract for a resident in a retirement village must include
the following information:
(a) the name of the retirement village to which the contract relates;
(b) the address in the village of the resident’s residential premises;
(c) the full names of the parties to the contract;
(d) the signatures of the parties to the contract;
(e) the name and address of an operator of the village who is not a
party to the contract;
(f) the name and address of the resident’s agent (if any) appointed
under the Act, section 101 (Right to appoint agent);
(g) the date the disclosure statement and the information under the
Act, section 28 (Information to be given to prospective
residents) were given to the resident (or a person acting on the
resident’s behalf);
(h) the date the contract is made;
(i) if the operator is the other party to the contract—
(i) the name and address of the operator’s agent (if any);
(ii) the date the copy of the contract was given to the resident
(or a person acting on the resident’s behalf);
Contents of village contracts Schedule 1
Matter to be included in village contracts Part 1.1
Section 1.1A
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(iii) the amount of any ingoing contribution payable by the
resident and the date by when it must be paid;
(iv) the amount of recurrent charges payable by the resident as
at the date the contract is drafted;
(v) the date from which those charges become payable;
(vi) the date agreed as the date the resident is entitled to occupy
the premises (subject to completion of construction, and
not precluding an earlier date if an earlier date is later
agreed between the operator and the resident);
(j) a provision reflecting the Act, section 88 (Compliance with
village rules by people other than operator and residents);
(k) if a residence contract entitles the resident to the use of a garage,
parking space or storeroom—details of the garage, parking
space or storeroom.
1.1A Time for payment of ingoing contribution instalments
(1) This section applies if a village contract provides that the ingoing
contribution must be paid in instalments at intervals stated in the
contract.
(2) The village contract must state the day that the balance of the ingoing
contribution is payable.
Schedule 1 Contents of village contracts
Part 1.2 Headings and additional matter to be included in village contracts
Section 1.2
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Part 1.2 Headings and additional matter
to be included in village
contracts
1.2 Cooling-off period
(1) A village contract must include a clause with the heading
‘Cooling-off period’ printed in bold font.
(2) The clause must—
(a) explain the resident’s rights to rescind the contract free of any
loss or penalty during the cooling-off period; and
(b) state—
(i) the length of the cooling-off period; and
(ii) the method by which the resident can rescind the contract;
and
(iii) the time within which any money the rescinding party has
paid under the contract is to be repaid.
(3) A residence contract must include a statement to the effect that the
cooling-off period is waived if the resident begins living in the
premises.
1.3 Retirement village legislation
(1) A village contract must include a clause with the heading ‘Retirement
village legislation’ printed in bold font.
(2) The clause must include a statement—
(a) about the existence of the Act and this regulation; and
(b) to the effect that the contract is subject to the provisions of the
Act and this regulation.
Contents of village contracts Schedule 1
Headings and additional matter to be included in village contracts Part 1.2
Section 1.4
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1.4 Ingoing contribution
(1) A village contract must include a clause with the heading ‘Ingoing
contribution’ printed in bold font.
(2) The clause must include the following:
(a) if an ingoing contribution is to be paid by instalments—a
statement setting out the conditions under which it is to be paid;
(b) a statement about whether interest is payable to the resident
while the operator has use of the ingoing contribution;
(c) if part or all of the ingoing contribution is to be
non-refundable—a statement to that effect;
(d) a statement about how much of the ingoing contribution the
resident will get back if, after the cooling-off period, the
resident—
(i) dies before taking up residence in the residential premises;
or
(ii) after taking up residence, permanently vacates the
premises within the period stated in the contract.
1.5 Recurrent charges
(1) A village contract must include a clause with the heading ‘Recurrent
charges’ printed in bold font.
(2) The clause must include the following:
(a) the intervals or dates when any recurrent charges are payable
under the contract;
(b) how the recurrent charges may be paid;
Schedule 1 Contents of village contracts
Part 1.2 Headings and additional matter to be included in village contracts
Section 1.5
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(c) if recurrent charges payable by the resident are to be amended
in accordance with a fixed formula—
(i) the intervals or dates when recurrent charges are to be
amended; and
(ii) the fixed formula used to decide amendments in the
amount of recurrent charges; and
(iii) the amount of written notice (not less than 14 days) that
will be given to the resident to amend the amount of
recurrent charges;
(d) if recurrent charges payable by the resident may be amended
other than in accordance with a fixed formula—
(i) the intervals or dates when the operator may propose an
amendment of the amount of recurrent charges; and
(ii) any upper limit by which the operator agrees not to propose
an increase; and
(iii) the amount of written notice (not less than 60 days) that
will be given to the resident if an amendment is proposed;
and
(iv) a statement to the effect that the amount of recurrent
charges cannot be amended unless affected residents
consent to the amendment or the ACAT orders the
amendment to take effect;
(e) a statement to the effect that if the resident is absent from the
village for any reason for at least the period (of not more than
28 consecutive days) stated in the contract, the resident is not
liable for recurrent charges for optional services in relation to
the remainder (if any) of that absence;
(f) a statement about whether the resident is liable to continue to
pay recurrent charges after permanently vacating the premises
and, if so, for what period and under what conditions.
Contents of village contracts Schedule 1
Headings and additional matter to be included in village contracts Part 1.2
Section 1.6
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1.6 Services and facilities
(1) A village contract must include a clause with the heading ‘Services
and facilities’ printed in bold font.
(2) The clause must include the following:
(a) a description of all services provided or made available to the
resident by, or on behalf of, the operator;
(b) a statement about any additional or optional services available
to the resident on a ‘user pays’ basis, and the cost of those
services as at the date of preparation of the contract;
(c) a list of all facilities within the village available for the resident’s
use.
(3) The contract must identify any services or facilities that the
development consent for the village requires to be provided for the
life of the village.
(4) Representations (if any) about proposed services or facilities made
before the contract is entered into—
(a) must be stated in the contract; and
(b) must identify the service or facility; and
(c) must state the date by when that service or facility is to be
provided or made available.
(5) The contract—
(a) may distinguish between general services and optional services;
and
(b) if it does, must include a statement to the effect that the ACAT
has the power to override this determination in the event of a
dispute.
Schedule 1 Contents of village contracts
Part 1.2 Headings and additional matter to be included in village contracts
Section 1.7
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(6) The contract must include a statement drawing the resident’s attention
to the fact that services and facilities may be reduced or (except for
those required by the development consent to be provided for the life
of the village) withdrawn or otherwise amended, but only if the
residents of the village pass a special resolution in accordance with
the provisions of the Act.
(7) The contract must make it clear that the resident has no right to
compensation if services or facilities are reduced or withdrawn or
otherwise amended in accordance with a special resolution of the
residents.
1.7 Fixtures, fittings and furnishings
(1) A village contract must include a clause with the heading ‘Fixtures,
fittings and furnishings’ printed in bold font.
(2) The clause must list the fixtures, fittings and furnishings that are to
be provided in the residential premises.
1.8 Repairs and maintenance
(1) A village contract must include a clause with the heading ‘Repairs
and maintenance’ printed in bold font.
(2) The clause must set out the process by which the resident can ask the
operator to carry out necessary repairs and maintenance.
1.9 Alterations and additions
(1) A village contract must include a clause with the heading ‘Alterations
and additions’ printed in bold font.
(2) The clause must—
(a) state the conditions under which a resident may alter or add to
the residential premises; and
Contents of village contracts Schedule 1
Headings and additional matter to be included in village contracts Part 1.2
Section 1.10
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(b) include a provision to the effect that the resident may, at any
time before permanently vacating the premises, remove any
fixture that the resident has added to the premises.
1.10 Operator’s access to premises
(1) A village contract must include a clause with the heading ‘Operator’s
access to premises’ printed in bold font.
(2) The clause must set out the circumstances under which the operator,
or a person authorised by the operator, may enter the residential
premises.
1.11 Village rules
(1) A village contract must include a clause with the heading ‘Village
rules’ printed in bold font.
(2) The clause must include a statement to the effect that if a village rule
is inconsistent with a term of a village contract—
(a) the village rule prevails to the extent of the inconsistency; but
(b) if the inconsistent term of the village contract is a standard term,
the term prevails over the rule.
1.12 Dispute resolution
(1) A village contract must include a clause with the heading ‘Dispute
resolution’ printed in bold font.
(2) The clause must—
(a) set out the resident’s right to apply to the ACAT if the resident
considers a term of the contract to be harsh, oppressive,
unconscionable or unjust; and
Schedule 1 Contents of village contracts
Part 1.2 Headings and additional matter to be included in village contracts
Section 1.13
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(b) draw the resident’s attention to the existence of the ACAT, and
the resident’s right to apply for a range of orders from the
ACAT, including the following:
(i) an order that amends or sets aside a provision of the
contract or a village rule that conflicts with the Act;
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any
regulation (see Legislation Act, s 104).
(ii) an order that the operator comply with the Act;
(iii) an order to enforce a provision of the contract or a village
rule.
1.13 Changes in operator
(1) A village contract must include a clause with the heading ‘Changes
in operator’ printed in bold font.
(2) The clause must—
(a) include a statement to the effect that the terms of the contract are
enforceable against an operator of the village; and
(b) if a trustee is involved—set out the conditions on which the
trustee is appointed and any rights the resident may have
because of that appointment.
1.14 Ending the contract
(1) A village contract must include a clause with the heading ‘Ending the
contract’ printed in bold font.
(2) The clause must—
(a) set out the methods by which the contract may be ended,
including a list of the grounds on which the resident or operator
may apply to the ACAT to end the contract; and
Contents of village contracts Schedule 1
Headings and additional matter to be included in village contracts Part 1.2
Section 1.15
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(b) include a statement to the effect that the contract cannot be
ended by the operator unless the operator obtains an order from
the ACAT.
1.15 Transfers
(1) A village contract must include a clause with the heading ‘Transfers’
printed in bold font.
(2) The clause must—
(a) set out the conditions, if any, under which the resident may ask
for a transfer to other residential premises within the retirement
village, or to other accommodation for older people run by the
same operator; and
(b) disclose the general financial basis on which a transfer may be
effected.
(3) If the operator of the retirement village has an associated facility that
is a residential care home, the clause must also include a statement to
the effect that—
(a) places in those facilities are allocated on the basis of a resident’s
needs; and
(b) entry is subject to approval for access; and
(c) a transfer to the associated facility cannot be guaranteed.
1.16 Departure fees
(1) A village contract must include a clause with the heading ‘Departure
fees’ printed in bold font.
(2) The clause must—
(a) state whether a departure fee is payable by the resident on the
ending of the contract; and