The 10km rule is a provision or formula for finding a rest home or care home room where there are no additional accommodation fees and where usual attempts to find such a room have been unsuccessful.
If your first choice of care home only has a room available that attracts extra fees (i.e. premium fees) and if you don’t want to or cannot pay an extra fee, the following applies:
- If there is a vacancy for a standard room at another home within a 10km radius of the home of choice, then you may have to go there.
- If the home of choice has occupancy over 90 percent and there is a vacancy for a standard room at another home within 10km and you don’t want it, extra fees may apply. When a standard room becomes available the provider may move you into that with three days’ notice.
- If your home of choice has occupancy over 90 percent and there is no other vacancy within 10km then the provider must accept you and not charge extra fees. When a standard room becomes available the provider may ask you to move into that room, giving three days’ notice.
If you are paying for premium accommodation, you can review your tenancy every six months. If you decide you no longer wish to pay premium room fees, written notice of this should be given. The provider then has three months to move you to a standard room, giving three days’ notice, or cease charging premium room fees.
There is discretion to waive the notice period for financial hardship.
If you believe a provider has not followed this rule and has wrongly charged you premium rates, the best course of action would be to talk with Health New Zealand | Te Whatu Ora. This is because the 10km clause is between the provider and Health NZ. You can get in contact with your local older person’s service at Health NZ (also known as NASC, click here for contact details) and ask for the Portfolio Manager, who can help you manage the complaint. For more information on making a complaint about aged residential care, click here.
Find residential care vacancies here.
Updated: 29 Jan 2025