19 Dec 2007
THE RETIREMENT VILLAGES ASSOCIATION OF NEW ZEALAND INCORPORATED V THE MINISTER FOR BUILDING AND CONSTRUCTION HC WN CIV-2007-485-2139
- Citation
- openlaw-e15d6e5d_a7ac_46a4_a5d9_49efc245ca04.pdf
- Court
- High Court
The Court interpreted the Act as authorising a code that applies to existing occupation right agreements (relying on s92(2)(b), the Act's consistent use of 'residents' and 'intending residents', the one year transitional period and the disputes mechanism), but held that the statutory approval process in s89 was not complied with and that the defendant failed to adequately consult the industry submitter before materially amending its draft; because the statutory process and consultation obligations were not observed the Code as gazetted is invalid and of no effect.