The next steps to take if you are unable to resolve an issue relating to aged care and retirement.
The Retirement Commissioner(external link)'s Retirement Disputes Panel for disputes that you cannot resolve directly with the retirement village and breaches of the Code of Practice(external link) and Code of Residents' Rights(external link).
The New Zealand Companies Office's Registrar for Retirement Villages(external link) to see if the retirement village is registered or to report an unregistered retirement village.
The Health and Disability Commissioner(external link) (HDC) to request a health and disability consumer advocate or make a complaint that a provider has not complied with your rights under the Code of Health and Disability Services Consumers’ Rights(external link).
The Accident Compensation Corporation (ACC)(external link) to seek compensation if you have suffered an injury as a result of treatment provided.
The Family Court(external link) for concerns about how someone with an Enduring Power of attorney is managing your affairs or someone else’s.
The Commerce Commission(external link) if you wish to report a business for false or misleading advertising under the Fair Trading Act.
The Privacy Commissioner(external link) if you believe your privacy has been breached.
Retirement Disputes Panel hears disputes between current or former occupants and the operator about:
The disputes panel can also hear disputes between residents about any issues affecting their occupation right; this includes a dispute about someone who is in another resident’s unit with their permission.
The Family Court can review any decision made by an attorney. An application for a review can be made by (amongst others):
1. You’ll need to make an application under the Protection of Personal and Property Rights Act 1988(external link). You can make:
2. Read the Ministry of Justice’s process for making an application – the Family Court and Enduring Powers of Attorney(external link).
Each retirement village must have a written procedure for resolving complaints simply and fairly within 20 working days.
Making an application for the dispute process is free for you. However you are responsible for paying the costs and expenses of any witnesses called to give evidence, and also for any support person or representative they engage, such as a lawyer or advocate.
The disputes panel may award some or all costs and expenses incurred to any party, or to the operator if there is a dispute between residents.
At a hearing the panel can:
In disposal disputes, in addition to its usual powers, the panel can order the operator to:
You can ask the Family Court to consider if a document is actually an Enduring Power of Attorney. You can also ask the court if the person the Enduring Power of Attorney has been made for has become mentally incapable.
A Family Court can cancel an Enduring Power of Attorney if it’s satisfied that the attorney:
Provides information about the work of the Retirement Commissioner and the disputes process.
Visit the website(external link)
Phone: 0800 268 269
Provides information about Enduring Power Power of Attorney and how to apply to the court.
Offers advocates to help with initial complaints to practitioners and a complaints procedure for unresolved complaints.
Visit the website (external link)
Phone: 0800 112 233
Provides guidance how to claim compensation for an injury caused by treatment from the services of a health practitioner
Provides information on the Privacy Act and how to make complaints about breaches of the Act.
Visit the website(external link)
Phone: 0800 803 909