Retirement Village Disputes

 

I am one of 7 persons approved by the Retirement Commissioner to adjudicate retirement village disputes.

I am also one of those eligible to be appointed chair of a panel in those cases where 3 members are required (section 60 Retirement Villages Act 2003).

The adjudication of retirement village disputes is conducted pursuant to the provisions of Part 4 of the Act and pursuant to the Retirement Villages (Disputes Panel) Regulations 2006.

The process is explained in my Guidance Memorandum:

Download Guidance Memorandum

Examples of my decisions include:

http://www.cflri.org.nz/sites/default/files/docs/RV-Decision-2009-1-MetLifeCare.pdf

http://www.cflri.org.nz/sites/default/files/docs/RV-Decision-2007-2-Summerset.pdf

If my appointment as a panelist is proposed the procedure is as follows:

a) I should be asked by the operator of the retirement village concerned whether or not I wish to be appointed.

b) If I agree to appointment, I will provide the operator with a draft contract for services.

c) If that draft contract for services is agreed to, with or without amendments, it is signed by both the operator and me.

d) At that point I am deemed appointed, and the substantive process commences.

e) Usually that commences with my contacting the parties and setting up a telephone conference to discuss the procedure to be adopted.

f) The issues which might be discussed at an initial telephone conference include:

  • The identity of the parties.
  • Representation of the parties and written authority that may be required in that regard.
  • Contact particulars.
  • Whether there are any jurisdictional arguments as to the dispute proceeding.
  • The type of the dispute by reference to sections 53 or 54 of the Retirement Villages Act.
  • The order being sought by reference to sections 69 or 70 of the Act.
  • The time and date of the hearing.
  • The venue for the hearing.
  • The estimated duration of the hearing.
  • Whether the hearing should be electronically recorded.
  • Whether the hearing should be in private.
  • Whether any special facilities or services will be required for the hearing to meet the needs of any of the attendees.
  • The names of those who will be representing the parties.
  • The names of the witnesses.
  • Whether disclosure of documentation is required between the parties.
  • Agreed bundle of documents.
  • The timing and exchange of witness briefs.

Here is a standard contract for services which I use:

Current contract for services (including security).pdf

Although I am Nelson based, I am available to adjudicate disputes in retirement villages throughout New Zealand.

I am also available to mediate retirement village disputes. See the mediation pages on this site.