On the surface, there appears to be few disputes in both countries relative to the number that actually reach tribunal hearings. A review in New Zealand however, has identified the costs, delays and the lack of alternative processes for resolving disputes, all stop residents pursuing complaints. Same situation in Australia.

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 New Zealand 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 - two disputes
• Validity of termination of occupational rights agreements - two disputes
• Resident's behaviour - two disputes
• Conduct of manager towards resident- two disputes
• Residents' expectations around the provision of promised facilities and services - two disputes
• Repairs and maintenance to resident's dwelling - two disputes
• Treatment of GST in fees and charges - one dispute
• Compliance with regulations regarding village bank account - one dispute
• Provision of information about village expenditure and budgets - one dispute
• Consultation with residents about changes in communal and personal spaces - one dispute

This is all very similar to the situation in Australia. Equally, the number of disputes getting to the tribunal is very low. For instance in Western Australia, none of the disputes 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.

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