Exemption from appointing a statutory supervisor

The process of applying for an exemption

When applying for an exemption, an operator must show us that the appointment of a statutory supervisor is unnecessary for the protection of residents' interests.

Criteria for applying for an exemption

We consider the following criteria when deciding whether to grant an exemption.

  1. For an application for a village already in operation, that there are no current or reasonably foreseeable risks to the interests of the residents.
  2. For an application for a village that isn't yet in operation, that the intended manner of creation and operation of the village won't create any reasonably foreseeable risk to the interests of the residents.
  3. That the residents aren't now or in the future exposed to risk from any debt or other financial liability of the village or operator.
  4. For a village that has residents at the time of the application, that all residents have been notified of the application for exemption, and have been informed that they may tell us of any risk to their interests.
  5. For a village that has residents at the time of the application, the nature and extent of the control held by residents of the management of the village.
  6. That it's undesirable to appoint a statutory supervisor because the interests of the residents could be detrimentally affected by the appointment of a statutory supervisor without an equivalent or greater benefit from an appointment.

Application for exemption checklist

Operators can apply to us for an exemption by completing a Form RV5 — Application for exemption from requirement for statutory supervisor.

We've provided information about the key areas to address in the guidance material to Form RV5.

We may seek any additional necessary to assist the Registrar in making the decision.

Filing your documents

Any documents to be filed with us can be sent to:

Registrar of Retirement Villages
Private Bag 92061
Victoria Street West
Auckland 1142

or

Registrar of Retirement Villages
Level 18
135 Albert Street
Auckland 1010.

Registrar's decision

If all information is supplied with the application,we'll consider the application within 20 working days.

If additional information is required, or there are disputed issues or technical issues requiring external investigation or advice, it may not be possible for us to consider the application before these additional steps are completed.

We'll send you a decision in writing, containing reasons for our decision.

Terms and conditions

The Registrar may make an exemption on the terms and conditions and for the period they think appropriate. It's likely that exemptions will be granted for a specified number of years, but a further exemption may be sought where the applicant still qualifies for an exemption at that time.

Revocation of exemption

The Retirement Villages Act 2003 provides that the Registrar may revoke an exemption, or vary its terms or conditions, if the Registrar is satisfied that the ground for the exemption no longer applies, or the operator hasn't complied with its terms or conditions.