Retirement Villages Association of New Zealand

b. will remain in effect until a new code of practice under section 89 of the Retirement Villages Act 2003, to replace the Retirement Villages Code of Practice 2006 (which has been declared invalid by the High Court), comes into force.

2 This code is an industry code written for members of the Retirement Villages Association of New Zealand Inc.

3 The purpose of this code is to set out the minimum requirements that the operator of a retirement village must carry out, or make sure are carried out, to meet the obligations of a member of the Retirement Villages Association of New Zealand Inc. It is not intended that the provisions of this code will alter any pre-existing contractual arrangements in place between an operator and a resident on the date on which this code comes into effect or form part of any contract entered into between an operator and a resident on or after that date. This code does not and is not intended to confer any benefit on or create any obligation enforceable at the suit of any person other than the Retirement Villages Association of New Zealand Inc.

4 This code may be reviewed, and amended or replaced, from time to time by the Retirement Villages Association of New Zealand Inc.

2 References and interpretation

1 This code should be read in conjunction with the Retirement Villages Act 2003 and associated regulations (Disputes Panel Regulations, Fees Regulations, and General Regulations); Interpretation Act 1999; Building Act 2004 and Building Code; Fire Safety and Evacuation of Buildings Regulations 2006; Code of Health and Disability Services Consumers’ Rights 1996, and any other applicable Acts or regulations (as amended or substituted from time to time).

2 The references in italics at the end of some provisions of this code are to the relevant provisions of the Retirement Villages Act 2003, unless it is clear from the context that this is not intended.

3 In this code, unless it is clear from the context that this is not intended, -

b. if a term is not defined in the Glossary but is defined in section 5, 6 or 48 (or any other section) of the Retirement Villages Act 2003, it has the same meaning in this code as it has in that section;

c. references in this code to a resident include the representative of the resident. Right 6, Code of residents’ rights in Schedule 4;

d. for the purposes only of ascertaining the meaning of this code, the Interpretation Act 1999 applies to this code as if it were an enactment.

3 Layout of this code

b. Part 2 covers general requirements for policies, procedures, and notices referred to in each of the topics in Part 3.

c. Part 3 covers the minimum requirements in relation to the following topics, as set out in Schedule 5 of the Act.

d. Part 4 sets out information that operators or residents and intending residents might find useful in relation to this code. This information includes:

4 Exemptions

The RVA may exempt a member from the need to comply with any provision of the code.

A member of the RVA who wishes to obtain an exemption from any provision of the code should apply in writing to the Association. The RVA may charge a fee for considering the application.

The exemption may be on the terms and conditions and for the period that the RVA thinks appropriate. The RVA may revoke any such exemption, or vary its terms if it is satisfied that:

Part 2: General requirements for policies, procedures, and notices

5 Policies and procedures

Written policies and procedures

1 An operator must have and maintain written polices and procedures for each of the 10 topics in Part 3 of this code. The policies and procedures must:

c. be kept available at the retirement village or in a location that is accessible to residents.

Disclosure of policies and procedures to residents

a. inform residents that the operator maintains the policies and procedures referred to in clause 5(1)

b. make a copy of the policies and procedures available to residents, on request.

Review and alteration of policies and procedures

3 An operator must regularly monitor and review its policies and procedures to make sure they are still effective and appropriate.

4 An operator must consult all residents in writing before changing any policies or procedures in a way that will, or may, have a material impact on residents’ occupancy or their ability to pay for services and facilities in the retirement village. Section 34(1); Right 3, Code of residents’ rights in Schedule 4

6 Notices to residents

1 An operator must meet the requirements of the Act if giving any notice to a resident. Section 106

2 If an operator has to give a notice to a resident in accordance with this code, the notice must be in writing. If the resident has a representative, then the notice must be sent to the representative.

7 Operator’s access to a resident’s residential unit

1 An operator must inform residents about the circumstances under which the operator has the right to enter a resident’s residential unit and the amount of notice which the resident will receive in each case. Circumstances may include:

2 In cases of emergencies, notice may be waived. However, in all other cases, the notice period must be reasonable, and take into account the:

a. amount of time during which the operator will require access to the unit; and

3 During this process, the resident has the right to be treated with courtesy and have his or her rights respected. Right 7, Code of residents’ rights in Schedule 4

Part 3: Minimum requirements

Staffing of retirement village

8 Staffing policies and procedures

1 If a retirement village has staff, the operator must have and maintain written policies and procedures for staff selection, training and ongoing supervision.

a. the appropriate qualifications and/or experience needed for staff employed for specific roles; and

b. the requirement for a recognised first aid qualification in particular roles.

3 The operator must have an induction process to familiarise staff with this code. All staff must complete this process.

9 Information about staff

1 The operator of a retirement village must, on request, make available to residents the following information about staffing of the retirement village:

b. relevant qualifications (for example, first aid, nursing) and/or experience for each role

c. whether any role requires specific qualifications or training relating to residents with particular needs (for example, strokes, dementia-related conditions)

d. whether any role requires skills in communicating with residents with limited ability to communicate (for example, sign language, speech therapy)

e. whether any role requires skills in communicating with residents who speak languages other than English

f. whether staff are on site and, if so, when staff are at the retirement village.

10 Staff qualifications and experience

1 Staff should be appropriately qualified and experienced for their role and the responsibilities to be carried out. The operator must:

b. take reasonable steps to make sure that a new staff member is suitable for the role assigned to him or her

11 Staff supervision and ongoing training

1 The operator must provide training and ongoing supervision to make sure staff competence is achieved and maintained.

2 If a staff member does not meet the requirements for the role in which he or she is employed, they may still be employed by the operator. However, the staff member must:

Safety and personal security of residents

12 Safety and security policy

1 The operator of a retirement village must have and maintain a written policy that -

a. sets out the manner in which the physical environment (the grounds, facilities, common areas and residential units), codes of conduct, and management practices at the retirement village maintains and enhances the safety and personal security of residents (including those with disabilities). (See the examples below.);

b. requires lighting in the retirement village that is appropriate to the size, location and layout of the retirement village including its grounds, facilities, common areas and residential units;

c. requires heating capabilities in all habitable spaces as required by the Building Code at the time of construction or alteration of those spaces.

Examples of safety measures

Examples of safety measures may include: gradients and surfaces; appropriate door and access widths; stairs, lifts and railings; communication aids to make the everyday environment more manageable; heights and location of work surfaces, appliances, cupboards, light switches, power points, telephones and call points.

Examples of codes of conduct

Examples of codes of conduct may include: codes to protect against bullying, harassment, unfair discrimination, victimisation, exploitation and breaches of personal privacy; codes and guidance issued under the Human Rights Act 1993 and the Privacy Act 1993.

Examples of personal security measures

Examples of security measures may include: fencing, security patrols, lighting, alarms, locks, and door and window fittings.

Examples of management practices

Examples of management practices may include: plans, policies and procedures; staffing ratios, qualifications and training; systems for identifying and eliminating or minimising risks and hazards; checking equipment; regular contact and communication with residents and observing their right to be treated with courtesy; reporting to the residents and the statutory supervisor (if any); addressing issues raised by, or on behalf of, residents; reviews of management practices.

13 Safety and personal security policies and procedures

1 The operator of a retirement village must have and maintain the following policies and procedures for the purpose of maintaining and enhancing the safety and personal security of residents of the retirement village:

c. A procedure for responding to all safety and personal security issues raised by residents

d. A procedure for residents and others to report accidents, incidents and hazards in the retirement village

e. A procedure for security if no staff members are present (or a full number of staff is not present) at the retirement village

14 Personal security as a promotional feature in advertising

1 Promotional material relating to residents’ safety and security must not include a description of any policy, procedure or system which a retirement village does not actually have in place or which the operator does not intend to put in place. Section 26

2 Any safety or security policy, procedure or system which is advertised in promotional material must be maintained at least at the level described, for as long as any resident who purchased a residential unit at the time the material was available remains in the village, unless those residents consent in writing to a significant variation or removal of that policy, procedure or system. For example, an alarm system described in promotional material as being monitored must continue to be monitored unless the residents concerned agree in writing to that system no longer being monitored.

Fire protection and emergency management

15 Fire protection and emergency management policy

1 The operator of a retirement village must have and maintain a written policy relating to fire protection and emergency management that sets out and meets the requirements of this code and all applicable statutory requirements, including the following.

2 The operator must make available to residents a written copy of the fire protection and emergency management policy and inform incoming residents that they have a right to be provided with such a copy.

3 The operator must have an induction process to familiarise residents and staff with the retirement village’s fire protection and emergency management policy and associated systems and procedures. All staff must take part in this process.

16 Protection of residential units and retirement village facilities from fire

1 The operator of a retirement village must have measures and systems in place to protect the residential units, facilities and indoor areas in the retirement village from fire, except to the extent that this is not possible for cross-leased and unit-titled units owned by residents.

2 Any building with a specified system must have a compliance schedule and an annual warrant of fitness that states the inspection, maintenance and reporting procedures for that system under the Building Act 2004 and associated regulations.

3 The operator of a retirement village must consult the New Zealand Fire Service or appropriately qualified fire engineer during the building design phase, in respect of all new retirement village designed after the date on which this code comes into effect; and when new residential units, facilities or common areas of an existing retirement village are designed.

Smoke alarms

4 The operator of a retirement village must make sure that every residential unit, facility and indoor area in the retirement village is fitted with at least one smoke alarm that meets the requirements of the Building Code in force at the time of construction or alteration of that unit, facility or area.

a. check the working order of interconnected smoke detection systems as often as required by the compliance schedule approved by the building consent authority.

b. Check the working order of other smoke alarms in accordance with the manufacturer’s guidelines or as recommended by the New Zealand Fire Service.

17 Plans, instructions and equipment for dealing with fire and other emergencies

Fire-fighting equipment

a. it has in place equipment for dealing with fire and other emergencies at the retirement village as required by the Fire Safety and Evacuation of Buildings Regulations 2006, and

Evacuation scheme or procedure

2 The operator of a retirement village must have an operative evacuation scheme or procedure (as required) for the safe, prompt and efficient evacuation of the occupants from the scene of a fire or other emergency, as required by the Fire Safety and Evacuation of Buildings Regulations 2006. The operator must make sure that:

a. staff are trained and aware of their responsibilities for the operation of the evacuation scheme

c. a written record is made of each fire and evacuation drill and all such records are kept at the retirement village.

b. give residents and incoming residents a written copy of the fire and evacuation drill records on request

Emergency response procedure

4 The operator of a retirement village must have and maintain a written procedure setting out how emergencies in the retirement village are dealt with. The procedure must include the following details:

a. The emergency response systems (including call and alarm systems) in the retirement village, including how and when the systems are monitored

b. Emergencies covered, for example, fire, earthquakes, floods, medical emergencies, damage to units or facilities, and security issues

c. Written instructions for residents on how to use the emergency procedure wherever they are in the retirement village and what to do while waiting for help

d. How and when emergency response systems are checked. The procedure must require the systems to be checked at least every 6 months, or more often if required by law, and for a written record to be kept of those checks.

e. Who is to respond in an emergency, and how those persons are qualified to manage an emergency situation

18 Insurance cover and repairs

Insurance cover

a. must take out and keep in force a comprehensive insurance policy covering accidental physical loss or damage to retirement village property. The policy must be for full replacement value to the satisfaction of the statutory supervisor (if any).

b. Operators are advised to include business interruption insurance and temporary accommodation insurance (for an indemnity period of not less than 18 months) and adequate liability insurances.

This subclause does not apply to unit titled or cross-leased units in retirement villages owned by residents, except to the extent that the operator has agreed to arrange that insurance.

a. responsibilities and liabilities of each of the operator, residents and statutory supervisor (if there is one), as the insured parties

a. make sure that the subrogation clause in its material damage policy is waived in respect of residents, in order to prevent the insurer recovering its costs from a resident who causes damage to any retirement village property

b. specify in the occupation right agreement the operator’s and the resident’s respective responsibilities for the insurance of the contents of a residential unit, including any capital improvements or additional fittings provided by the resident

c. make available, on request, to a resident a copy of the retirement village’s insurance certificate.

Repair or replacement of property

4 The occupation right agreement for a residential unit that is owned by an operator must -

a. provide that, except in certain specified circumstances (if any), if the unit is damaged or destroyed the operator must fully repair or replace it as soon as practicable

b. state the circumstances (if any) when a unit that is damaged or destroyed may not be fully repaired or replaced

c. state the procedure to be followed if the unit is not to be fully repaired or replaced following its damage or destruction.

Temporary accommodation

5 The operator of a retirement village must inform residents in writing whether the operator will provide temporary accommodation or facilities while a residential unit or facility is being repaired or replaced after an insured event.

19 Access to residential units and retirement village facilities for those with disabilities

1 An operator’s fire protection and emergency management policy must set out how it provides access is provided to and from, and within, buildings for people with disabilities, as required under the Building Act 2004 and the Building Code.

2 The operator must make available to residents and intending residents a written copy of the provisions of the fire protection and emergency management policy referred to in subclause (1).

Transfer of residents within retirement village

20 Transfer requirements in the occupation right agreement

1 If an occupation right agreement provides for a resident to transfer from an independent self-care residential unit to another type of unit in the retirement village where greater care will be provided, the occupation right agreement must set out the terms of transfer. These terms must include, but need not be limited to, the following:

ii be consulted on all available options, along with their family or representative, if they so wish.

21 Financial and other arrangements in a transfer

1 The occupation right agreement must set out the financial and other arrangements that apply if a resident transfers from an independent self-care residential unit to another type of unit in the retirement village where greater care will be provided. These include:

b. other arrangements for the transfer, such as the physical transfer of the residents and their personal belongings

c. any costs relating to the transfer, and who is responsible for payment of those costs.

Meetings of residents with operator and resident involvement

22 Types of meetings

Annual meeting

1 The operator of a retirement village must each year hold an annual meeting of the residents to receive the retirement village’s financial statements, the statutory supervisor’s (if any) report, the maintenance report and any other matters. The annual meeting must be held within 6 months of the retirement village’s most recently completed financial year.

Special meeting

a. the Act or regulations requires the operator to obtain the consent of the residents; or

b. other enactments, the residents’ occupation right agreement or other such documents require the operator to get the residents’ collective consent.

3 The operator must call a special meeting for any reason, if asked to do so in writing by :

Ad hoc meetings

4 The operator may, from time to time, call ad hoc meetings of residents to discuss with them matters relating to the retirement village.

23 Procedures applying to annual and special meetings

Notice

1 The operator of a retirement village must inform every resident and the statutory supervisor (if any) of an annual or special meeting by written notice specifying the time, place and agenda of the meeting. The notice must be given no less than 10 working days before the date of the meeting, and the agenda and all papers to be considered at the meeting must be attached to the notice.

Notice of matters to be decided by vote

2 If a matter is to be decided by a vote of residents at an annual or special meeting, the notice of the meeting must:

a. state the number of residents that need to attend to meet the quorum requirements

c. set out the voting rights of a representative voting on behalf of a resident, including the representative’s right to cast proxy votes.

3 Before the start of an annual or special meeting, the operator must provide the chairperson of the meeting (if appointed before the meeting) with a list of the names and addresses of all residents.

Chair

4 An annual or special meeting must be chaired by a person nominated by the statutory supervisor or, if there is no statutory supervisor, by a person appointed by the majority of the residents who are at the meeting.

General business

5 The general business part of a special meeting must allow the operator, statutory supervisor (if any) and residents to raise and discuss any matters relating to the residents.

Records

a. minutes of every annual or special meeting are made and kept at the retirement village, and

b. copies of the minutes are made available in a location that is accessible to all residents.

24 Residents’ participation in decision-making

Operator must consult residents

1 Residents have the right to be consulted by the operator. Right 3, Code of residents’ rights in Schedule 4

a. As required in the code of residents’ rights and the occupation right agreement. Right 3, Code of residents’ rights in Schedule 4; Occupation right agreement in Schedule 3

b. About the content of any proposed rules if not already established by the operator, and any proposed amendment or addition to any existing rules by the operator.

Consultation process

a. provide enough information so that those being consulted are able to provide informed comment and advice about the matter

b. provide enough time for those being consulted to consider and draw up their comments or advice

4 Residents may, individually or as a group, appoint a person, or persons, to represent their views in the consultation process.

5 The operator must not decide a matter before consultation has been completed, but a party consulting is not obliged to agree with every comment or act on the advice provided (although it may do so). The operator must consider all responses received with an open mind. The outcome cannot have already been decided.

7 The consultation process must take into account the operator’s need to operate and manage the retirement village effectively and to provide the facilities and services for the benefit of all residents.

Part 1: The Retirement Villages Association Code of Practice