Retirement village and aged care providers operate in a highly regulated environment while responding to changing market and sector dynamics, resident expectations, workforce pressures, funding challenges and growing demand. Our team helps clients make informed decisions, manage risk and deliver successful outcomes across their operations, developments, transactions and governance requirements.
We advise some of New Zealand's best-known retirement village and aged care operators including Ryman, Bupa, and Oceania, statutory supervisors and sector participants on both day-to-day issues and strategic projects. Our work spans regulatory and compliance requirements, offerings and incentives, occupation right agreements and village documentation, corporate transactions and restructures, employment, technology and privacy, development projects and governance issues.
Clients value our practical advice, deep understanding of the sector and ability to translate complex legal and regulatory requirements into clear actions. We work alongside operators, owners, investors and trustees to help them respond confidently to change and plan for the future.
Our expertise includes:
- Retirement village establishment, structuring and registration
- Occupation right agreements, admission agreements and village documentation
- Resident disputes and operational issues
- Retirement villages legislation and regulatory compliance
- Governance and statutory supervisor matters
- Acquisitions, disposals and portfolio transactions
- Offers, advertising and consumer law overlays
- Retirement village development and expansion projects
- Construction, procurement and project delivery
- Development funding and financing arrangements
- Operational risk and business change projects
Recent highlights
Our experience spans acquisitions, development, operations, governance, disputes and financing across the retirement living and aged care sector. Recent highlights include:
Supporting leading retirement village operators nationwide
Acting for major retirement village and aged care operators on regulatory compliance, village registrations, occupation right agreements, admission agreements, resident matters, pricing structures and operational issues such as employment, technology and privacy. We provide ongoing strategic and practical advice across the full lifecycle of village operations.
Advising on retirement village acquisitions, disposals and portfolio transactions
Acting for retirement village and aged care operators on acquisitions, disposals and portfolio transactions, including strategic acquisitions at scale and portfolio rightsizing through single-site and multi-site disposals. Our experience includes advising Metlifecare on the acquisition of The Selwyn Foundation's portfolio of retirement villages, covering transaction structuring, due diligence, regulatory matters and completion, as well as acting for Bupa on several site disposals. This work reflects our deep sector knowledge and ability to manage complex transactions in a highly regulated environment.
Supporting retirement village operators on workforce and employment issues
We advise a number of retirement village operators on pay equity issues, Holidays Act and other payroll remediations, restructures, transfer of employees in sale of villages and care homes and collective agreements, disputes and negotiations with unions.
Delivering major retirement village development programmes
Acting for retirement village and aged care providers including Metlifecare, Bupa, Generus Group, Hoppers and Lifecare on development programmes, procurement strategies, construction documentation and project delivery matters across New Zealand.
Advising on retirement village documentation, compliance and statutory supervisor matters
Advising Ryman, Oceania and Bupa on core retirement village documentation, including occupation right agreements, disclosure statements and admission agreements. We recently advised Ryman on its change of statutory supervisor, supporting a smooth transition within the retirement villages regulatory framework.
Supporting retirement village operators on privacy, biometrics and data sharing
We have extensive experience advising retirement village operators on privacy and data governance matters, including updating privacy policies to comply with changes to the Privacy Act, assessing and documenting compliance with the Biometrics Privacy Code, advising on privacy provisions in ORAs, admission agreements and commercial contracts, and providing guidance on the lawful collection, use and disclosure of personal information, including information sharing with regulators, government agencies and healthcare providers.
Financing retirement village growth and expansion
We regularly act on financing arrangements for retirement village and aged care developments, including advising a syndicate of New Zealand banks on a NZD158 million development facility for a retirement village and aged care project.
Supporting flagship retirement village developments
We act for Generus Group on the development of multiple retirement villages in Auckland and Tauranga, including its flagship Foundation development in Parnell. This includes advising on project documentation, procurement arrangements and development delivery alongside joint venture partners.
Resolving complex retirement village disputes
We acted for Metlifecare in complex High Court proceedings involving negligence and consumer protection claims relating to retirement village developments. The matter was resolved through a confidential settlement shortly before a lengthy scheduled trial.
Advising on retirement village governance and supervision
We are trusted advisor to Covenant Trustee Services on retirement village supervision matters, including acquisitions, borrowing arrangements, security structures, consent applications and complex disputes. The work provides a unique perspective on the governance and regulatory framework that underpins the sector.
