• 1.1) These Terms and Conditions (Terms) apply to the Olive Estate Website. In these Terms, the words “Olive Estate”, “we”, “us”, and “our” means Olive Estate Lifestyle Village Limited, the words “you” and “your” means the person using our Website, and the word “Content” means any information or content contained on this Website.
• 1.2) By accessing and using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Website. These Terms supersede and exclude all prior or subsequent discussions, representations, terms and/or conditions, and all written or oral agreements.
• 1.3) These Terms should be read in conjunction with our Website Privacy Policy. If you have any questions relating to these Terms or this Website, you can contact us at: olive@integritycare.co.nz

• 2.1) You agree to use this Website in a manner that complies with all applicable laws and regulations and that does not infringe our rights, or other users’ rights, and does not restrict or inhibit other users’ use and enjoyment of this Website. You are responsible for all actions taken while using this Website.


• 2.2) This Website is provided on an “as is” and “as available” basis, and from time to time, we may change this Website. We do not warrant or guarantee that this Website will meet your specific requirements, the Content will be current, accurate and complete, or this Website will be uninterrupted, timely, secure or error free.


• 2.3) You must:
  • a) use the Website for personal, lawful and non-commercial purposes only;
  • b) follow any reasonable directions given by us;
  • c) not do anything technologically harmful to this Website or anything to impair the proper working of this Website;
  • d) not assert any ownership or rights in respect of this Website, the Content, and any Intellectual Property Rights;
  • e) not reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend this Website, or any Intellectual Property Rights, or any of the underlying materials in any way whether directly or indirectly (by allowing someone else to do so);
  • f) not damage, harm, exploit, sell or generate profit from this Website, or any Intellectual Property Rights;
  • g) not copy, reproduce, republish, or distribute any of the Content, for any reason whether in public, for commercial purposes or otherwise; or
  • h) not facilitate or encourage any violations of these Terms.

• 3.1) This Website may contain links to other website or resources over which Olive Estate does not have control (External Websites). Such links do not constitute an endorsement by Olive Estate of those External Websites.


• 3.2) You acknowledge that Olive Estate is providing these links to you as a convenience and further agree that we are not responsible for the content of such External Websites. Your use of External Websites is subject to the terms and conditions of use and privacy policies located on any External Websites.

• 4.1) Olive Estate and its licensors own all intellectual property rights, including trade marks, copyright, and other intellectual property rights (Intellectual Property Rights) relating to the Website and the Content. These Terms do not grant you any rights in connection with the Website or the Content, except to use the Website as specified in these Terms.


• 4.2) Where you provide any suggestions or feedback to us about the Website, you acknowledge and agree that we may freely use and disclose all such suggestions and feedback as we see fit for any purpose.


• 4.3) We may collect personal information about you when you access, use or submit information through this Website. In providing your personal information to us, you consent to our use of that information in accordance with our Privacy Policy. We may also use your personal information where we are authorised to do so under the Privacy Act 2020.

• 5.1) To the maximum extent permitted by law, neither us, nor our related companies, agents, directors, officers and employees will be liable to you for any loss, liability, damage, costs, expense or claim, or any direct, indirect, punitive, special or consequential damages of any kind, including (without limitation), lost profits, lost revenue, lost savings, loss of data, or any similar loss or damages you might suffer, even if we have been advised of the possibility of such losses or damages.


• 5.2) You shall indemnify and hold harmless, us, our related companies, agents, directors, officers and employees from and against any and all third party claims, liabilities, losses and expenses (including all associated actual legal costs) arising out of or in connection with your use of this Website or any violation of these Terms.

• 6.1) We may change or update these Terms at any time by posting an updated version on the Website. Your continuing use of the Website after any such change or update constitutes acceptance by you of that change or update. If you do not accept any change to these Terms, then you must cease using the Website.


• 6.2) These Terms and your access to and use of this Website and the Content are governed by the laws of New Zealand. You submit to the exclusive jurisdiction of the Courts of New Zealand in respect of any matter arising out of or in connection with these Terms or the Website.


• 6.3) If any part of these Terms is held to be invalid, illegal or unenforceable (in whole or in part) it will be severed and the remainder of these Terms will, to the extent possible, remain in full force and effect.


• 6.4) Any delay or failure to enforce our rights under these Terms does not mean we have waived those rights.

• All residents have the right to raise Complaints and receive a response within a reasonable time. (Right 4 – Code of Residents' Rights)


• All residents have the right to a speedy and efficient process for resolving disputes they have with us or with other residents. (Right 5 – Code of Residents' Rights)


• All residents have the right to have a support person represent them in their dealings with us or other residents. (Right 6 – Code of Residents' Rights) This could include a support person from the Olive Estate Residents’ Association. (see section 10 for definition of support person/representative)


• All residents have the right to be treated with courtesy and respect. (Right 7 Code of Residents' Rights)


• When raising a Complaint, we will treat you with courtesy and respect. We will not treat you differently from any other resident on the basis of you having made a Complaint.


• Nothing in this policy limits your right to contact the Statutory Supervisor, Retirement Commissioner, Registrar of Retirement Villages or any other person at any time as an alternative or in addition to making a Formal Complaint, or regarding any alleged breach of the Code of Residents' Rights. You may exercise this right by contacting the Statutory Supervisor, Registrar of Retirement Villages or Retirement Commissioner directly using the contact details provided in Schedule 2.

• raise the matter as an issue or concern as set out in parts 4 and 5;


• talk to the Statutory Supervisor, Registrar of Retirement Villages and/or the Retirement Commissioner about wishing to make a Formal Complaint. Contact details for these organisations are set out in Schedule 2;


• as an alternative, or in addition to making a Formal Complaint, contact the Statutory Supervisor if your complaint is about a breach of the Code of Residents' Rights;


• request that the Olive Estate Residents Association (the residents committee) call a meeting with us and/or the Statutory Supervisor.

• Record the resolution in writing;
• State what actions, if any, will be taken, who is responsible for taking that action, and the timeframe for the action to be completed;
• Set out the terms of any agreement about costs and any other terms;
• Arrange for the resolution to be signed and dated by all parties; and
• Provide a copy to all parties.

We encourage all residents to take advantage of all steps set out in the Formal Complaint Resolution Procedure prior to giving a dispute notice.

However, nothing in this policy limits your right to give a dispute notice at any time permitted by the Retirement Villages Act 2003 and Code of Practice or the right of the parties to agree to mediation at any time during a dispute panel process.

Where you have an unresolved Formal Complaint you may, in summary, be able to give a dispute notice at any time between 20 Working Days, and 6 months, after the date the Formal Complaint was received (or such later time by agreement of all parties).

Not all Formal Complaints are able to be referred to a disputes panel for resolution. You may give a dispute notice for a Formal Complaint which relates to any of the following:

• a decision by us which affects your occupation right or access to services or facilities.
• a decision by us to change the charges you pay under your occupation right agreement for outgoings, services or facilities.
• the charges or deductions made when you leave the Village.
• an allegation that we have breached the Code of Residents' Rights or Code of Practice.
• a dispute between you and another resident or guest of another resident which affects your occupation right.

If a complaint relates to an alleged breach of your occupation right agreement or the Code of Practice in disposing of a unit formerly occupied by a resident, you may be able to give a dispute notice at any time following 9 months after the unit has become available for disposal and if you wish, need not go through the Formal Complaint Resolution Procedure.

You may raise a dispute by giving a dispute notice to us. A dispute notice must:

• be in writing;
• identify the decision or decisions, or matters, in respect of which it is made;
• identify the person or persons in respect of whom it is made, if not us;
• state the grounds on which it is made; and
• state the efforts that have been made to resolve the dispute.

We will appoint a disputes panel within 20 Working Days after the date the dispute notice is given to us. We will consult you before appointing the disputes panel. Member(s) of the disputes panel will be selected from those named on the CFFC's list of approved disputes panellists.

We will notify the Statutory Supervisor of any dispute notice received.

If the disputes panel considers that it needs more information about the issues of the dispute it can ask the party who issued the dispute notice to provide this, in writing and within a specified time. The other party may reply, or be required by the dispute panel to reply, to the dispute notice.

Before the hearing, the disputes panel will consult with all of the parties on the most appropriate procedure for resolving the dispute. It will ensure that each party has the opportunity to comment on any view or any matter given by the other party during the consultation time. The panel will then set an agreed time and place for the hearing. As a general rule all hearings are to be public with the proceedings and decision published. However, the panel may decide whether any part of the hearing will be heard in private or not published.

The disputes panel may decide that a dispute should be heard by a court of law instead and refer it to the nearest District Court. A disputes panel can also refuse to hear a dispute if it considers it to be frivolous or vexatious or an abuse of process.

At a disputes panel hearing all parties can give evidence, cross-examine and re-examine witnesses. The disputes panel can amend an occupation right agreement, order compliance with an occupation right agreement or the Code of Practice, or order payment or refund of an amount in dispute.

When a decision has been made, the disputes panel must record its findings in writing and give each party, the Village, and the Retirement Commissioner a copy. The decision is binding on all parties.

In the ordinary course we will pay the costs of the dispute panel whether we are a party to the complaint or not. However, the disputes panel can also make an award of costs and expenses. This might require a party to the dispute to pay all or some of the costs of the disputes panel and/or the other party.

• • The name of the complainant; and
  • The name of the Operator
  • The nature of the complaint including as many relevant details as possible, such as dates, names of parties and locations.

The complaint should be addressed to the Executive Director of the RVA, and sent to the RVA, whose contact information is set out in Schedule 2.

• "Code of Practice" includes any issue or concern or Formal Complaint.
• "Formal Complaint" means a written complaint made by a resident or former resident in accordance with part 7 of this policy relating to us, our staff, the Village, another resident or any other matter that the resident wants to raise.
• "former resident" means a person who was a resident, or a representative of that former resident, of the Village and whose occupation right agreement has since terminated.
• "resident"means any of the following:
  • a) a person who has entered into an occupation right agreement with us in relation to the Village
  • b) a person who under an occupation right agreement is, for the time being, entitled to occupy a residential unit within the Village, whether or not the agreement is made with that person or some other person; or
  • c) if the occupation right agreement provides, or with our consent, the spouse, civil union partner, or de facto partner of the person referred to in paragraph (b) who is occupying the residential unit with that person, or after that person's death or departure from the Village.
• Representative” (support person)means a person:
  • a) Acting in the place of and for a resident under a power of attorney or enduring power of attorney that has not been revoked or suspended under the Protection of Personal and Property Rights Amendment Act 2007, or
  • b) Who is a welfare guardian or manager appointed for a resident under the Protection of Personal and Property Rights Act 1988, or
  • c) The resident has nominated, but who is not a member of staff or the operator of the retirement village.
• "Village" means the retirement village known as Olive Estate Lifestyle Village and operated by Olive Estate Lifestyle Village Limited.
• "Working Day"has the same meaning as set out in the Code of Practice.