NZ villages have resident/operator disputes too

There is a remarkable similarity between Australia and NZ concerning the challenges for residents working with operators over disputes.

On the surface there appeared few disputes in both countries relative to the number that reach tribunals. A review in NZ however has identified that the costs, delays and the lack of alternative processes for resolving disputes stop residents pursuing complaints.

Between 2007 and 2014 just 23 disputes reached the equivalent of a tribunal, involving just 19 of the 363 villages across the country. As reported in the NZ Herald the disputes were over:

• Disposal matters including marketing, valuation, length of sale, refurbishment, ongoing charges and exit payments - 11 disputes
• Fees setting, amount and increases - 2 disputes
• Validity of termination of occupational rights agreements - two disputes
• Resident's behaviour - 2 disputes
• Conduct of manager towards resident- 2 disputes
• Residents' expectations around the provision of promised facilities and services - 2 disputes
• Repairs and maintenance to resident's dwelling - 2 disputes
• Treatment of GST in fees and charges - 1 dispute
• Compliance with regulations regarding village bank account - 1 dispute
• Provision of information about village expenditure and budgets - 1 dispute
• Consultation with residents about changes in communal and personal spaces - 1 dispute

Very similar to Australia. Equally the number of disputes getting to the tribunal is very low. For instance in W.A. none reachd the tribunal in 2013/14. This is not a reflection on there being no disputes exactly; it can take many months and may require legal representation to effectively mount a case – which few residents have the desire to do.