Water Services Act 2021

1: Title
This Act is the Water Services Act 2021.
2: Commencement
1: This Act comes into force on the earlier of—
a: a date appointed by the Governor-General by Order in Council; and
b: the date that is 2 years after the date on which this Act receives the Royal assent.
2: One or more Orders in Council may be made under subsection (1)﻿(a) appointing different dates for different provisions.
3: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1)﻿(a) brought into force 15 November 2021 clause 2(2) Water Services Act Commencement Order 2021 Section 2(1)﻿(a) brought into force 1 March 2022 clause 2(1) Water Services Act Commencement Order 2021
1: Preliminary provisions
1: Purpose and overview
3: Purpose of this Act
1: The main purpose of this Act is to ensure that drinking water suppliers provide safe drinking water to consumers by—
a: providing a drinking water regulatory framework that is consistent with internationally accepted best practice, including a duty on drinking water suppliers to—
i: have a drinking water safety plan; and
ii: comply with legislative requirements (such as drinking water standards) on a consistent basis; and
b: providing a source water risk management framework that, together with the Resource Management Act 1991
c: providing mechanisms that enable the regulation of drinking water to be proportionate to the scale, complexity, and risk profile of each drinking water supply.
2: This Act has the following additional purposes:
a: to establish a framework to provide transparency about the performance of drinking water, wastewater, and stormwater networks and network operators; and
b: to provide mechanisms that build and maintain capability among drinking water suppliers and across the wider water services sector; and
c: to establish a framework for the continuous and progressive improvement of the quality of water services in New Zealand.
4: Overview of this Act
1: In this Act,—
a: this Part contains the purpose of this Act, definitions, key terms and key principles, and other preliminary provisions:
b: Part 2
i: contains provisions relating to the supply of drinking water:
ii: includes occupational regulation provisions in subpart 10
c: Part 3
d: Part 4
e: Part 5 Local Government Act 2002
2: This section is only a guide to the general scheme and effect of this Act.
2: Interpretation
General
5: Interpretation
In this Act, unless the context otherwise requires,— abstraction point acceptable solution or verification method section 50 agent approved form associate coroner Coroners Act 2006 backflow backflow prevention device chief executive compliance, monitoring, and enforcement strategy section 136 compliance officer section 98 compliance rules section 49 consumer coroner Coroners Act 2006 council-controlled organisation section 6 Crown organisation section 4 department Part 1 domestic dwelling section 10 domestic self-supply section 10 drinking water section 6 drinking water safety plan section 30 drinking water standards section 47 drinking water supplier section 8 drinking water supply section 9 end-point treatment end-point treatment device illness legislative requirement
a: means a requirement imposed by—
i: this Act; or
ii: secondary legislation made under this Act; or
iii: a direction issued by a compliance officer under section 104
iv: a compliance order issued under section 120
b: does not include a requirement in—
i: a wastewater environmental performance standard made under section 138
ii: an environmental performance measure or target for networks made under section 145 local authority section 5(1) medical officer of health Health Act 1956 Minister National Policy Statement for Freshwater Management section 52 New Zealand Defence Force section 2(1) officer
a: if the owner or operator is a company,—
i: means any person occupying the position of a director of the company by whatever name called; and
ii: includes any other person occupying a position in relation to the company that allows the person to exercise significant influence over the management of the drinking water supply (for example, a chief executive):
b: if the owner or operator is a partnership (other than a limited partnership), means any partner:
c: if the owner or operator is a limited partnership, means any general partner:
d: if the owner or operator is a body corporate or an unincorporated body, other than a company, partnership, or limited partnership,—
i: means any person occupying a position in the body that is comparable with that of a director of a company; and
ii: includes any other person occupying a position in relation to the body that allows the person to exercise significant influence over the management of the drinking water supply (for example, a chief executive):
e: does not include a person who merely advises or makes recommendations to a person referred to in any of paragraphs (a) to (d), or who completes discrete operational tasks concerning the supply:
f: does not include a Minister of the Crown acting in that capacity operator section 11 owner section 12 point of supply section 13 raw water registered subpart 7 safe section 7 source source water source of a drinking water supply
a: the water body from which water is abstracted for use in a drinking water supply (for example, a river, stream, lake, or aquifer); and
b: rainwater source water risk management plan section 43 stormwater network
a: are used to collect, treat, drain, store, reuse, or discharge stormwater in an urban area; and
b: are operated by, for, or on behalf of one of the following:
i: a local authority, council-controlled organisation, or subsidiary of a council-controlled organisation:
ii: a department:
iii: the New Zealand Defence Force stormwater network operator
a: each of the following, to the extent that they operate a stormwater network or supervise its operation or aspects of its operation:
i: a local authority, council-controlled organisation, or subsidiary of a council-controlled organisation:
ii: a department:
iii: the New Zealand Defence Force; and
b: any person who operates a stormwater network, or any aspect of a stormwater network, for, or on behalf of, an organisation specified in paragraph (a) sufficient quantity section 25(2) Taumata Arowai section 8 unplanned section 34(2) urban area
a: means an area identified in a district plan or proposed district plan as being primarily zoned for residential, industrial, or commercial activities, together with adjoining special-purpose and open-space zones, however described; but
b: does not include an area zoned primarily for rural or rural-residential activities, however described wastewater network
a: are used to collect, store, transmit through reticulation, treat, or discharge wastewater; and
b: are operated by, for, or on behalf of one of the following:
i: a local authority, council-controlled organisation, or subsidiary of a council-controlled organisation:
ii: a department:
iii: the New Zealand Defence Force wastewater network operator
a: each of the following, to the extent that they operate a wastewater network or supervise its operation or aspects of its operation:
i: a local authority, council-controlled organisation, or subsidiary of a council-controlled organisation:
ii: a department:
iii: the New Zealand Defence Force; and
b: any person who operates a wastewater network, or any aspect of a wastewater network, for, or on behalf of, an organisation specified in paragraph (a); and
c: an organisation or individual involved in the operation of a wastewater network if the organisation or individual is authorised or included on a register in accordance with regulations made under section 200 water carrier Section 5 associate coroner inserted 5 April 2023 section 36 Coroners Amendment Act 2023 Section 5 coroner inserted 5 April 2023 section 36 Coroners Amendment Act 2023 Key terms
6: Meaning of drinking water
In this Act, unless the context otherwise requires, drinking water
a: means water that is used for—
i: human consumption; or
ii: oral hygiene; or
iii: preparing food, drink, or other products for human consumption; or
iv: washing utensils that are used for eating and drinking, or for preparing, serving, or storing food or drink for human consumption; but
b: does not include—
i: bottled water that is prepared or manufactured by a food business, and is regulated, under the Food Act 2014
ii: water, if its use is regulated under the Food Act 2014 Animal Products Act 1999 Wine Act 2003 Examples
Water that is used for washing potatoes by a horticultural business, where the use is regulated under the Food Act 2014, is not drinking water. Water that is used for the cleaning of processing machines by a poultry processor or by a business that operates under a registered risk management programme under the Animal Products Act 1999 is not drinking water if the use of the water is regulated under that Act.
7: Meaning of safe in relation to drinking water
1: In this Act, unless the context otherwise requires, safe
a: immediately or over time; and
b: whether or not the serious risk is caused by—
i: the consumption or use of drinking water; or
ii: other causes together with the consumption or use of drinking water.
2: For the purposes of subsection (1), the assessment of serious risk must take into account, among other factors, compliance with drinking water standards.
3: Drinking water is not unsafe merely because—
a: a person objects to it, or substances in it, because of personal preference; or
b: it does not comply with aesthetic values; or
c: it contains substances that comply with minimum or maximum acceptable values for chemical, radiological, microbiological, or other characteristics of drinking water in the drinking water standards.
8: Meaning of drinking water supplier
In this Act, unless the context otherwise requires, drinking water supplier
a: means a person who supplies drinking water through a drinking water supply; and
b: includes a person who ought reasonably to know that the water they are supplying is or will be used as drinking water; and
c: includes the owner and the operator of a drinking water supply; and
d: includes a person described in paragraph (a), (b), or (c) who supplies drinking water to another drinking water supplier; but
e: does not include a domestic self-supplier.
9: Meaning of drinking water supply
1: In this Act, unless the context otherwise requires, drinking water supply
a: means the infrastructure and processes used to abstract, store, treat, transmit, or transport drinking water for supply to consumers or another drinking water supplier; and
b: includes—
i: the point of supply; and
ii: any end-point treatment device; and
iii: any backflow prevention device; but
c: does not include a temporary drinking water supply provided for under section 33 34
2: Taumata Arowai may, by notice in the Gazette
a: to be a drinking water supply if Taumata Arowai is satisfied, on reasonable grounds, that the water is or will be used as drinking water; or
b: to not be a drinking water supply if Taumata Arowai is satisfied, on reasonable grounds, that the water is not or will not be used as drinking water.
10: Meaning of domestic self-supply and domestic dwelling
1: In this Act, unless the context otherwise requires, domestic self-supply domestic self-supplier
2: In this Act,— domestic dwelling
a: tenanted on a long- or short-term basis; or
b: occupied permanently or temporarily (for example, a holiday home) household unit section 7 Examples
A single property with tenants on a lease that is supplied by a rainwater tank is a domestic self-supply. A single holiday house that is supplied by a rainwater tank and is rented to tourists on a short-term basis is a domestic self-supply. A multi-dwelling building (for example, multiple separate apartments contained in a single building) that has its own bore water supply is not a domestic self-supply. A marae wharekai (dining hall) or community hall that has its own river water supply is not a domestic self-supply. A café building supplied by a rainwater tank is not a domestic self-supply.
11: Meaning of operator
In this Act, unless the context otherwise requires, operator
a: means the person who operates the supply or supervises its operation or aspects of its operation; and
b: includes an organisation or individual involved in the operation of a drinking water supply if the organisation or individual is authorised or included on a register in accordance with regulations made under section 200
12: Meaning of owner
1: In this Act, unless the context otherwise requires, owner
2: The matters that may be considered for the purpose of determining whether a person has effective control of a drinking water supply include whether the person—
a: owns the drinking water infrastructure; or
b: owns or has long-term control of the land on which the drinking water infrastructure is based; or
c: directs or has control over decisions about the funding or maintenance of the drinking water infrastructure, or collects fees, levies, or other charges from consumers in relation to the infrastructure; or
d: controls how the management of the supply is resourced (for example, has the power to subcontract work).
13: Meaning of point of supply
In this Act, unless the context otherwise requires, point of supply
a: if the supply is a reticulated network, the toby, reservoir float valve, or other final point of the supply to which the consumer’s or another drinking water supplier’s own infrastructure connects; or
b: if the supply is from a non-reticulated supply, community water tap, or other type of supply, the final point of the supply at which the consumer or another drinking water supplier can consume, use, or collect drinking water; or
c: if the supply includes an end-point treatment device, the end-point treatment device; or
d: if the supply is from a water carrier, the final point at which drinking water is supplied to the consumer’s or another drinking water supplier’s own infrastructure.
3: Key principles relating to functions, powers, and duties
14: Te Mana o te Wai: meaning, application, effect
Meaning and application
1: In this Act, Te Mana o te Wai
a: has the meaning set out in the National Policy Statement for Freshwater Management (as that term is defined in section 5
b: applies, for the purposes of this Act, to water (as that term is defined in section 2(1) Effect
2: When exercising or performing a function, power, or duty under this Act, a person must give effect to Te Mana o te Wai, to the extent that Te Mana o te Wai applies to the function, power, or duty. Section 14 replaced 15 December 2022 section 236 Water Services Entities Act 2022
15: Duties not transferable
A duty imposed on a person by or under this Act may not be transferred to another person. 2015 No 70 s 31
16: Person may have more than 1 duty
A person may have more than 1 duty imposed on the person by or under this Act if—
a: the person belongs to more than 1 class of duty holder; or
b: the Act otherwise imposes more than 1 duty on the person. 2015 No 70 s 32
17: More than 1 person may have same duty
1: More than 1 person may have the same duty imposed by or under this Act at the same time.
2: Each duty holder must comply with that duty to the standard required by or under this Act even if another duty holder has the same duty.
3: If more than 1 person has a duty for the same matter, each person—
a: retains responsibility for that person’s duty in relation to the matter; and
b: must discharge that person’s duty to the extent to which the person has the ability to influence and control the matter, or would have had that ability but for an agreement or arrangement purporting to limit or remove that ability. 2015 No 70 s 33
4: General
18: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
19: Act binds the Crown
1: This Act binds the Crown.
2: An instrument of the Crown that is a Crown organisation (whether or not a body corporate)—
a: must be treated as if it were a separate legal personality for the purpose of complying with this Act; and
b: may be a drinking water supplier in its own right.
3: An instrument of the Crown that is not a Crown organisation or a body corporate—
a: does not have separate legal personality; and
b: must not be a drinking water supplier in its own right.
4: This section is subject to section 20 2015 No 70 s 5
20: Enforcement of Act against the Crown
1: This Act may be enforced against the Crown only in the manner provided in this section. Prosecution of offences
2: An instrument of the Crown may be prosecuted for an offence against this Act, but only if—
a: the instrument is a Crown organisation; and
b: the proceedings are commenced—
i: against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and
ii: in accordance with the Crown Organisations (Criminal Liability) Act 2002 Issue of infringement notices
3: An infringement notice may be served on an instrument of the Crown in accordance with this Act, but only if—
a: the instrument is a Crown organisation; and
b: the instrument is liable to be proceeded against for the alleged offence under subsection (2); and
c: the notice is served on the Crown organisation in its own name. Injunctions
4: Despite section 17(1)﻿(a)
a: the instrument is a Crown organisation; and
b: the order or injunction is made against the Crown organisation in its own name. Directions and compliance orders issued under this Act
5: A direction issued under section 104
a: the instrument is a Crown organisation; and
b: the direction is issued against the Crown organisation in its own name.
6: A compliance order served under section 120
a: the instrument is a Crown organisation; and
b: the order is served on the Crown organisation in its own name. District Court orders
7: An order may be made by the District Court against an instrument of the Crown in accordance with this Act, but only if—
a: the instrument is a Crown organisation; and
b: the order is made against the Crown organisation in its own name. 2015 No 70 s 6
2: Provisions relating to supply of drinking water
1: Duties of drinking water suppliers
21: Duty to supply safe drinking water
1: A drinking water supplier must ensure that the drinking water supplied by the supplier is safe.
2: If there is a reasonable likelihood that a supplier’s drinking water is or may be unsafe, the supplier must—
a: take immediate action to ensure that public health is protected; and
b: notify Taumata Arowai that the drinking water is or may be unsafe; and
c: investigate the source or cause of the problem; and
d: take remedial action to rectify the problem; and
e: identify and implement measures required to ensure that the problem does not reoccur; and
f: take all practicable steps, to the satisfaction of Taumata Arowai, to advise affected consumers and drinking water suppliers that drinking water is or may be unsafe and what measures should be taken to protect public health (for example, boiling).
3: The duty under subsection (1) does not apply beyond the point of supply.
22: Duty to comply with drinking water standards
1: A drinking water supplier must ensure that the drinking water supplied by the supplier complies with the drinking water standards.
2: If a supplier’s drinking water does not comply with the drinking water standards, the supplier must—
a: take immediate action to ensure that public health is protected; and
b: notify Taumata Arowai of the non-compliance; and
c: investigate the source or cause of the non-compliance; and
d: take remedial action to rectify the situation; and
e: identify and implement measures required to ensure that the event does not reoccur; and
f: take all practicable steps, to the satisfaction of Taumata Arowai, to advise affected consumers and drinking water suppliers that drinking water does not comply with the drinking water standards and what measures should be taken to protect public health (for example, boiling).
3: The duty under subsection (1) does not apply beyond the point of supply. 1956 No 65 s 69V
23: Duty of owner of drinking water supply to register supply
1: Every individual drinking water supply must be registered under section 55
2: The owner of a drinking water supply must ensure that the supply is registered in accordance with the requirements of subpart 7 1956 No 65 s 69K(1), (2)
24: Duty to take reasonable steps to supply aesthetically acceptable drinking water
A drinking water supplier must take all reasonably practicable steps to supply drinking water that complies with aesthetic values issued by Taumata Arowai under section 48
25: Duty to provide sufficient quantity of drinking water
1: A drinking water supplier (other than a water carrier) must ensure that a sufficient quantity of drinking water is provided to each point of supply to which that supplier supplies drinking water.
2: In this Act, sufficient quantity
a: the quantity of drinking water that is sufficient to support the ordinary drinking water needs of consumers at the point of supply; or
b: if compliance rules have been made prescribing the quantity of drinking water or a formula for determining the quantity of drinking water that is sufficient to support the ordinary drinking water needs of consumers at a point of supply, the amount specified in, or calculated according to the formula set out in, those rules.
3: Subsection (1) does not prevent a drinking water supplier restricting or interrupting the provision of drinking water to a point of supply if, in the opinion of the supplier, the action is necessary because of—
a: maintenance, improvement, or repairs to the drinking water supply or related infrastructure; or
b: risks to public health; or
c: environmental factors affecting a source of a drinking water supply; or
d: an emergency; or
e: cultural factors affecting a source of a drinking water supply (for example, a rāhui). Examples
A drinking water supplier may need to restrict or interrupt the supply of drinking water where infrastructure such as a pipeline or treatment plant is damaged. A drinking water supplier may need to restrict or interrupt supply of drinking water where contamination of the supply occurs and public health is at risk. A drinking water supplier may need to restrict or interrupt supply of drinking water where a drought occurs and the source of the drinking water supply can no longer support continuous supply to consumers. A drinking water supplier may need to restrict or interrupt supply of drinking water in case of a fire emergency. A drinking water supplier may need to restrict or interrupt supply of drinking water where a person has drowned and a rāhui is placed over the source of a drinking water supply.
4: Any planned restriction or interruption of the supply of drinking water by a drinking water supplier must not exceed 8 hours on any 1 occasion unless—
a: the supplier—
i: has obtained the prior approval of Taumata Arowai; or
ii: complies with a compliance rule that relates to the restriction or interruption of supply for more than 8 hours and that applies to the supplier; and
b: the supplier has taken, and continues to take, all practicable steps to advise affected consumers of the interruption or restriction.
5: A restriction or interruption of the supply of drinking water that is unforeseen or due to an emergency must not exceed 8 hours on any 1 occasion unless the drinking water supplier—
a: has notified Taumata Arowai of the reasons for the interruption or restriction as soon as practicable and, in any event, no later than 24 hours after the commencement of the interruption or restriction; and
b: has taken, and continues to take, all practicable steps to advise affected consumers of the interruption or restriction.
6: In any event where the restriction or interruption of the supply of drinking water exceeds 8 hours, the drinking water supplier must make arrangements to ensure that a sufficient quantity of drinking water is available to affected consumers through an alternative supply (for example, by water carrier).
7: To avoid doubt, a drinking water supplier—
a: may restrict supply to a point of supply if the relevant customer has unpaid accounts for any previous supply of drinking water or has failed to remedy water leaks that the customer is obliged to remedy; but
b: must, despite any non-payment or failure referred to in paragraph (a), continue to provide a sufficient quantity of drinking water in accordance with subsection (1)
8: This section is subject to section 26 Civil Defence Emergency Management Act 2002 1956 No 65 s 69S
26: Duties where sufficient quantity of drinking water at imminent risk
1: If any drinking water supplier considers that the supplier’s ability to maintain a sufficient quantity of drinking water in accordance with section 25
a: notify Taumata Arowai, Fire and Emergency New Zealand, and the local authorities in the area where the water is supplied of the circumstances giving rise to the risk; and
b: request that 1 or more of those local authorities exercise their powers under any enactment (for example, by making a bylaw to restrict the use of water for other than essential purposes) to assist that supplier to continue to provide a sufficient quantity of drinking water; and
c: if the supplier supplies drinking water to another drinking water supplier, notify that other drinking water supplier of the circumstances giving rise to the risk.
2: The supplier must also notify further parties if so required by Taumata Arowai. 1956 No 65 s 69T
27: Duty to protect against risk of backflow
1: If a drinking water supply includes reticulation, the drinking water supplier must ensure that the supply arrangements protect against the risk of backflow.
2: If there is a risk of backflow in a reticulated drinking water supply, the drinking water supplier may—
a: install a backflow prevention device and require the owner of the premises to reimburse the supplier for the cost of installation, maintenance, and ongoing testing of the device; or
b: require the owner of the premises to install, maintain, and test a backflow prevention device that incorporates a verifiable monitoring system in accordance with any requirements imposed by the supplier.
3: A person who installs a backflow protection device must take all reasonable steps to ensure it operates in a way that does not compromise the operation of any fire extinguisher system connected to the drinking water supply. 1956 No 65 s 69ZZZ
28: Duties relating to end-point treatment
1: A drinking water supplier may only use end-point treatment of a drinking water supply if the end-point treatment is used to satisfy an acceptable solution or verification method.
2: If a drinking water supply includes end-point treatment, the drinking water supplier is responsible for the installation, maintenance, and ongoing testing of an end-point treatment device.
3: A drinking water supplier may,—
a: install an end-point treatment device and require the owner of the premises to reimburse the supplier for the cost of installation, maintenance, and ongoing testing of the device; or
b: require the owner of the premises to install, maintain, and test an end-point treatment device that incorporates a verifiable monitoring system that complies with an acceptable solution or verification method.
4: A person who installs an end-point treatment device must take all reasonable steps to ensure that it operates in a way that does not compromise the operation of any fire extinguisher system connected to the drinking water supply. 1956 No 65 s 69ZZZ
29: Duty of officers, employees, and agents to exercise due diligence
1: If a drinking water supplier has a duty under a legislative requirement, every officer, employee, and agent of the drinking water supplier must exercise due diligence to ensure that the drinking water supplier complies with that duty.
2: For the purposes of subsection (1), an officer, employee, or agent of a drinking water supplier must exercise the care, diligence, and skill that a reasonable officer, employee, or agent would exercise in the same circumstances, taking into account (without limitation)—
a: the scale, complexity, and risk of the drinking water supply; and
b: the position of the officer, employee, or agent and the nature of the responsibilities they undertake.
3: Despite subsection (1), a member of the governing body of a local authority elected in accordance with the Local Electoral Act 2001 does not have a duty to exercise due diligence to ensure that any council-controlled organisation complies with its duties under legislative requirements, unless that member is also an officer of that council-controlled organisation.
4: In this section, due diligence
a: to acquire, and keep up to date, knowledge of the supply of safe drinking water and other drinking water supply matters; and
b: to gain an understanding of—
i: the nature of the relevant drinking water supply, its source water, its drinking water safety plan and its implementation, and the consumers the supply serves; and
ii: the hazards and risks associated with the drinking water supply and its operation; and
iii: how to identify, minimise, and control or eliminate the hazards or risks as part of the operation of the drinking water supply; and
c: to ensure that the drinking water supplier—
i: has available for use, and uses, appropriate resources and processes to implement its drinking water safety plan; and
ii: has appropriate processes for identifying and considering information regarding hazards and risk, and for responding to them; and
iii: has, and implements, processes for complying with any duty of the supplier under any legislative requirement. 2015 No 70 s 44
2: Drinking water safety plans
30: Owner must have drinking water safety plan
1: An owner of a drinking water supply must prepare a drinking water safety plan in relation to the owner’s supply that complies with legislative requirements.
2: The owner must lodge with Taumata Arowai—
a: a copy of the plan; and
b: if the owner makes material changes to, or replaces, the plan, a copy of the amended or replacement plan as soon as is reasonably practicable after the amendment or replacement is made.
3: The owner must—
a: implement the plan; and
b: ensure that the owner’s drinking water supply is operated in accordance with the plan.
4: An owner of a drinking water supply may satisfy the requirement in subsection (3)﻿(b) in respect of a drinking water plan or an aspect of the plan by employing or engaging an operator. 1956 No 65 s 69Z(1), (4), (5)
31: Drinking water safety plans
1: A drinking water safety plan must—
a: be proportionate to the scale and complexity of, and the risks that relate to, the drinking water supply; and
b: identify any hazards that relate to the drinking water supply, including emerging or potential hazards; and
c: assess any risks that are associated with those hazards; and
d: identify how those risks will be managed, controlled, or eliminated to ensure that drinking water is safe and complies with legislative requirements; and
e: identify how the drinking water safety plan will be reviewed on an ongoing basis, and how its implementation will be amended, if necessary, to ensure that drinking water is safe and complies with legislative requirements; and
f: identify how the drinking water supply will be monitored to ensure that drinking water is safe and complies with legislative requirements; and
g: include procedures to verify that the drinking water safety plan is working effectively; and
h: include a multi-barrier approach to drinking water safety that will be implemented as part of the plan; and
i: include a source water risk management plan if required by section 43
j: where a drinking water supply includes reticulation, require, and provide for the use of, residual disinfection in the supply unless an exemption is obtained under section 58
k: identify how a supplier will meet the supplier’s duty under section 25
l: identify how a supplier will respond to events and emergencies; and
m: comply with any requirements set out in compliance rules.
2: A multi-barrier approach to drinking water safety
a: prevent hazards from entering the raw water; and
b: remove particles, pathogens, and chemical and radiological hazards from the water; and
c: kill or inactivate pathogens in the water; and
d: maintain the quality of water in the reticulation system. 1956 No 65 s 69Z(2), (3)
32: Taumata Arowai to review drinking water safety plans and monitor compliance
1: Taumata Arowai must perform the following functions in accordance with the compliance, monitoring, and enforcement strategy:
a: review drinking water safety plans, including for compliance with legislative requirements:
b: monitor compliance with drinking water safety plans by drinking water suppliers:
c: monitor compliance with source water risk management plans, including any undertakings made by third parties to the plan, by drinking water suppliers:
d: monitor compliance with other legislative requirements, including (for example) acceptable solutions or verification methods, by drinking water suppliers:
e: establish ongoing monitoring and review arrangements to ensure that drinking water suppliers—
i: appropriately identify and assess risks and hazards that relate to drinking water supplies; and
ii: make changes, if necessary, to drinking water safety plans to reflect changes in the risks and hazards.
2: Taumata Arowai must have regard to the scale, complexity, and risk profile of drinking water supplies when performing the functions in subsection (1).
33: Planned events
1: This section applies to a planned event, such as a festival or other organised gathering or camp, where the organiser intends to supply drinking water to persons attending the event.
2: If this section applies, the event organiser must—
a: arrange for drinking water to be supplied from a registered drinking water supply (for example, by a water carrier); or
b: apply to Taumata Arowai for registration of a temporary drinking water supply.
3: An applicant for registration of a temporary drinking water supply must lodge with the application a temporary drinking water safety plan in an approved form.
4: Taumata Arowai may register a temporary drinking water supply, subject to any conditions it considers necessary to ensure that the drinking water is safe and complies with drinking water standards.
5: If the event organiser supplies drinking water from a temporary drinking water supply, the event organiser must ensure that the drinking water is supplied in accordance with—
a: the requirements of the temporary drinking water safety plan; and
b: any conditions imposed by Taumata Arowai. 1956 No 65 ss 69G 69ZI 69ZJ
34: Unplanned supply of drinking water
1: This section applies if drinking water is supplied on an unplanned basis.
2: In this Act, unplanned
a: the usual drinking water supply to that place has failed or is unsafe to drink; and
b: the persons at that place cannot reasonably access a sufficient quantity of drinking water from a registered drinking water supply.
3: A person who supplies drinking water on an unplanned basis must—
a: comply with sections 21 22
b: notify Taumata Arowai immediately of the temporary drinking water supply arrangement and comply with any directions issued by Taumata Arowai under section 104
4: If a person supplies drinking water from an unregistered drinking water supply on an unplanned basis for more than 60 days in any 12-month period, they must register the supply and comply with legislative requirements (except if a state of emergency declaration or transition period under the Civil Defence Emergency Management Act 2002
3: Requirements relating to notifications and record keeping
35: Duty to notify Taumata Arowai of notifiable risk or hazard
1: Taumata Arowai may, by notice, declare risks or hazards that relate to or affect the supply of drinking water to be notifiable risks or hazards.
2: A drinking water supplier must, immediately after becoming aware that a notifiable risk or hazard exists,—
a: take immediate action to ensure that public health is protected; and
b: notify Taumata Arowai of the notifiable risk or hazard in an approved form; and
c: investigate the source or the cause of the notifiable risk or hazard; and
d: take action to prevent, reduce, or eliminate the risk or hazard; and
e: take all practicable steps, to the satisfaction of Taumata Arowai, to advise affected consumers and drinking water suppliers about the notifiable risk or hazard; and
f: identify and implement measures required to ensure that the notifiable risk or hazard does not reoccur.
3: Taumata Arowai must, on receiving notification under subsection (2)﻿(b), notify the relevant medical officer of health that a notifiable risk or hazard exists.
4: A declaration made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	publish it on an Internet site maintained by, or on behalf of, Taumata Arowai Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
36: Notification duties of drinking water supplier
Notification regarding cessation or reduction of supply
1: A drinking water supplier must notify Taumata Arowai, and every territorial authority whose district contains consumers or drinking water suppliers supplied by the supplier, of the supplier’s intention or proposal—
a: to cease to be the owner of a registered drinking water supply, including the details of the intended new owner if ownership of the supply is to be transferred; or
b: to cease supply of drinking water to consumers or drinking water suppliers; or
c: to limit connections to the supply; or
d: to reduce or limit the volume of drinking water supplied to consumers or drinking water suppliers.
2: Subsection (1)﻿(b) and (d) does not apply to a restriction or an interruption of supply of drinking water to which section 25(4), (5), or (7) Notification regarding operation of other suppliers
3: A drinking water supplier must notify Taumata Arowai of—
a: instances known to the supplier of persons being supplied drinking water from an unregistered drinking water supply; and
b: material instances known to the supplier of the failure of another drinking water supplier to supply drinking water in accordance with the requirements of the drinking water safety plan, the drinking water standards, any enforceable undertaking entered into with the chief executive, or the requirements of any compliance order or other direction issued by Taumata Arowai or a compliance officer; and
c: any material concern they have regarding the ability of the operator of a drinking water supply to maintain authorisation in accordance with sections 68 71
4: A notification must be made in an approved form, and if made—
a: under subsection (1), must be made at least 30 days before the event is intended or proposed to occur; and
b: under subsection (3), must be made as soon as practicable in the circumstances. 1956 No 65 s 69ZH
37: Drinking water suppliers to keep records
1: A drinking water supplier must keep and maintain records of—
a: the supplier’s drinking water supply, its operation, and its compliance with legislative requirements; and
b: the results of any monitoring to ensure that drinking water is safe and complies with legislative requirements; and
c: the supplier’s actions in response to any direction, enforceable undertaking, or compliance order issued or accepted under this Act; and
d: any other matter specified in compliance rules.
2: Taumata Arowai may require, on request, records under subsection (1) to be made available to Taumata Arowai—
a: as soon as is reasonably practicable; or
b: at particular times (for example, according to a schedule); or
c: continuously. 1956 No 65 s 69ZD
4: Consumer complaints
38: Requirement for supplier to provide information to consumers and have complaints process
1: A drinking water supplier must, in accordance with regulations that apply to the supplier,—
a: provide any prescribed information to consumers; and
b: establish, maintain, and administer a consumer complaints process; and
c: report annually to Taumata Arowai on its consumer complaints process.
2: A drinking water supplier must ensure that complaints are dealt with—
a: in accordance with its consumer complaints process; and
b: in an efficient and effective manner.
39: Review by Taumata Arowai
1: A drinking water consumer who is not satisfied with the outcome of a complaint under this subpart may, in the approved form, request Taumata Arowai to review the complaint.
2: Taumata Arowai must—
a: investigate the drinking water supplier’s handling of the complaint; and
b: take any action that Taumata Arowai considers necessary as a result of Taumata Arowai’s investigation findings.
3: Taumata Arowai may appoint a person to provide a dispute resolution process on its behalf for the purposes of subsection (2).
4: Taumata Arowai may, at its discretion, decide to take no action or, as the case may require, no further action on any complaint if, in the opinion of Taumata Arowai,—
a: the length of time that has elapsed between the date when the subject matter of the complaint arose and the date when the complaint was made is such that an investigation of the complaint is no longer practicable or desirable; or
b: the complaint is trivial, frivolous, or vexatious, or is not made in good faith; or
c: the person alleged to be aggrieved does not want action to be taken or, as the case may be, continued; or
d: the complainant does not have sufficient personal interest in the subject matter of the complaint; or
e: there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the aggrieved person to exercise.
40: Taumata Arowai to monitor compliance with complaints process
Taumata Arowai must—
a: monitor compliance with this subpart; and
b: have regard to the scale, complexity, and risk profile of a drinking water supplier when performing the functions in this subpart.
5: Source water
41: Purpose of subpart
The purpose of this subpart is to provide a framework to ensure that, together with measures set out in the Resource Management Act 1991
a: the risks and hazards to source water are identified, assessed, managed, and monitored by drinking water suppliers and local authorities; and
b: information on source water, and measures to manage risks and hazards to source water, are published on a regular basis by regional councils.
42: Application
Sections 43 44 Examples
Sections 43 and 44 do not apply to a water carrier that fills tankers from another drinking water supplier’s reticulated supply. Sections 43 and 44 do not apply to a drinking water supplier that is supplied by another drinking water supplier’s reticulated supply.
43: Source water risk management plans
1: A drinking water supplier must prepare and implement a source water risk management plan based on the scale, complexity, and risk of the drinking water supply.
2: A source water risk management plan must—
a: identify any hazards that relate to the source water, including emerging or potential hazards; and
b: assess any risks that are associated with those hazards; and
c: identify how those risks will be managed, controlled, monitored, or eliminated as part of a drinking water safety plan; and
d: have regard to any values identified by local authorities under the National Policy Statement for Freshwater Management that relate to a freshwater body that the supplier uses as a source of a drinking water supply.
3: A source water risk management plan is part of the supplier’s drinking water safety plan and, unless the context otherwise requires, references in this Act to a drinking water safety plan must be read as including a reference to a source water risk management plan.
4: Local authorities must contribute to the development and implementation of source water risk management plans prepared by drinking water suppliers, including by—
a: providing information to suppliers in accordance with compliance rules, including information about—
i: land-use activities, potential sources of contamination, and other water users that could directly or indirectly affect the quality or quantity of the source of a drinking water supply; and
ii: water quality monitoring of the source of a drinking water supply conducted by a regional council; and
iii: any known risks or hazards that could affect the source of a drinking water supply; and
b: undertaking any actions to address risks or hazards to the source of a drinking water supply that local authorities have agreed to undertake on behalf of a drinking water supplier, as specified in a schedule attached to a source water risk management plan or otherwise agreed in writing.
44: Suppliers to monitor source water quality
1: A drinking water supplier must monitor the quality of the supplier’s source water at the abstraction point in accordance with a programme set out in the supplier’s drinking water safety plan.
2: Compliance rules may specify the monitoring requirements for source water that are proportionate to the scale and complexity of each drinking water supply and any known risks or hazards to the source of a drinking water supply.
3: A drinking water supplier must report the results of the supplier’s source water quality monitoring to Taumata Arowai, and Taumata Arowai must provide regional councils with monitoring results annually.
45: Information sharing with local authorities
Information sharing between Taumata Arowai and local authorities
1: Taumata Arowai must provide local authorities with information on the location of drinking water abstraction points provided by drinking water suppliers.
2: Local authorities must inform Taumata Arowai of any inaccuracies they consider exist in the information on the location of drinking water abstraction points. Information sharing between suppliers and local authorities
3: A drinking water supplier must inform the appropriate local authorities, as soon as practicable, of any known risks or hazards to a source of a drinking water supply or related infrastructure that could affect the provision of safe drinking water, including the risks or hazards identified in source water risk management plans.
4: Local authorities must inform drinking water suppliers, as soon as practicable, of any known risks or hazards that could affect a source of a drinking water supply or related infrastructure.
46: Regional councils to publish information about source water
1: Regional councils must publish and provide Taumata Arowai with information on source water quality and quantity in their region annually, including any changes to source water quality and quantity.
2: Regional councils must assess the effectiveness of regulatory and non-regulatory interventions to manage risks or hazards to source water in their region at least once every 3 years and make this information available to the public on Internet sites maintained by or on behalf of the councils.
3: Taumata Arowai may make compliance rules for regional councils on the format and content of the information they are required to publish under this section.
6: Standards, rules, directions, and other instruments
47: Power to make drinking water standards
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, and following consultation undertaken in accordance with section 53 drinking water standards
a: drinking water composition:
b: outcomes of the treatment of drinking water.
2: Drinking water standards may, without limitation, specify or provide for—
a: minimum or maximum amounts of substances that may be present in drinking water; and
b: minimum or maximum acceptable values for chemical, radiological, microbiological, and other characteristics of drinking water.
3: Drinking water standards must not include any requirement that fluoride be added to drinking water.
4: Regulations made under this section are secondary legislation ( see Part 3 1956 No 65 s 69O The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
48: Aesthetic values for drinking water
1: Taumata Arowai must, by notice, issue aesthetic values that relate to drinking water.
2: Aesthetic values may, without limitation, specify or provide for minimum or maximum values for substances and other characteristics that relate to the acceptability of drinking water to consumers (such as appearance, taste, or odour).
3: A notice made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	publish it on an Internet site maintained by, or on behalf of, Taumata Arowai Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
49: Compliance rules
1: Taumata Arowai may make compliance rules setting out requirements relating to the performance of functions or duties under this Part by—
a: drinking water suppliers; and
b: other persons who have functions or duties under this Part (for example, local authorities).
2: To avoid doubt,—
a: the power in subsection (1) is not limited by any other provision in this Part; and
b: a compliance rule may—
i: require the treatment of drinking water in a particular way; or
ii: prohibit the treatment of drinking water in a particular way.
3: A person with a function or duty under this Part must comply with all applicable compliance rules made under subsection (1).
4: Compliance rules—
a: may apply in respect of all drinking water supplies or classes of drinking water supply; but
b: must not apply in respect of an individual water supply or local authority.
5: Compliance rules made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	publish it on an Internet site maintained by, or on behalf of, Taumata Arowai Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
50: Acceptable solutions or verification methods for drinking water
1: Taumata Arowai may, by notice, issue a drinking water acceptable solution or verification method for use in establishing compliance with legislative requirements.
2: A drinking water acceptable solution or verification method may—
a: provide an alternative to the requirements in section 30
b: require the treatment of drinking water by a specified class of drinking water supplier.
3: Taumata Arowai must not issue a drinking water acceptable solution or verification method unless satisfied that the solution or method is consistent with the main purpose of this Act (other than the duty to have a drinking water safety plan).
4: A drinking water acceptable solution or verification method issued under this section is secondary legislation ( see Part 3 2004 No 72 s 22 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	publish it on an Internet site maintained by, or on behalf of, Taumata Arowai Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
51: Compliance with acceptable solution or verification method for drinking water
1: A person who complies with an applicable acceptable solution or verification method must, for the purposes of this Act, be treated as having complied with the legislative requirements to which that acceptable solution or verification method relates (other than the duties under sections 21 22
2: A person who complies with an applicable acceptable solution or verification method that provides an alternative to the requirements in section 30
3: A person may comply with an acceptable solution or verification method in order to comply with the legislative requirements to which that acceptable solution or verification method relates, but doing so is not the only means of complying with those legislative requirements. 2004 No 72 s 23
52: Templates and models
1: Taumata Arowai may, by notice in the Gazette
2: Templates and models issued under subsection (1) must be published in accordance with section 205
53: Taumata Arowai consultation requirements
1: Taumata Arowai must ensure that public consultation has been carried out before the following instruments are made:
a: drinking water standards:
b: aesthetic values:
c: compliance rules:
d: acceptable solutions or verification methods.
2: Public consultation must include—
a: adequate and appropriate notice of the content of the proposed instrument; and
b: a reasonable opportunity for interested persons to make submissions; and
c: appropriate consideration of any submissions received.
3: Despite subsection (1), Taumata Arowai need not consult the public if Taumata Arowai is satisfied that—
a: the instrument needs to be made—
i: urgently; or
ii: to deal with transitional issues; or
b: an amendment to an instrument is minor and will not adversely and substantially affect the interest of any person.
4: A failure to comply with this section does not affect the validity of any of the instruments to which it applies. 1956 No 65 s 69P
7: Drinking water supply register
54: Application to register drinking water supply
1: An application to register a drinking water supply must be in an approved form.
2: The application must include the following information:
a: the legal name and contact details of the owner of the drinking water supply, and the owner’s trading name (if applicable):
b: the location of the drinking water supply, including, if applicable, the location of each abstraction point for the drinking water supply:
c: the area the drinking water supply supplies:
d: the estimated number of consumers:
e: a description of the drinking water supply:
f: the legal name and contact details of the drinking water supply operator (if different from the owner), and the operator’s trading name (if applicable):
g: the information that relates to the authorisation of the operator of the drinking water supply (if any):
h: any other information prescribed by Taumata Arowai by notice in the Gazette
3: The information required by subsection (2) must be provided in accordance with any requirements specified by Taumata Arowai by notice in the Gazette
4: The application must be accompanied by the fee or levy (if any) prescribed in regulations made under section 200 201
5: Taumata Arowai must register the supply within 20 working days after receiving the application unless Taumata Arowai considers that the application is incomplete or requires amendment. 1956 No 65 s 69K(3), (4)
55: Register of drinking water supplies
1: Taumata Arowai must keep and maintain a register of drinking water supplies that contains the information specified in section 54(2)
2: Taumata Arowai must also keep and maintain a separate publicly available version of the register that contains only—
a: the information specified in section 54(2)﻿(a), (c), (d), (f), and (g)
b: any other information about a registered drinking water supply that Taumata Arowai considers is in the public interest to disclose.
3: Taumata Arowai may withhold any information from the publicly available version of the register if it considers it is in the public interest to do so, which may include the protection of—
a: the privacy of natural persons; or
b: the security of a drinking water supply.
4: Taumata Arowai may maintain the register and the publicly available version in any form, including as a single register or in different parts for different classes or categories of owners, operators, or supplies.
5: Registration of a drinking water supply is valid for 12 months. 1956 No 65 s 69J
56: Duty to renew annual registration and notify changes
1: The owner of a registered drinking water supply must, in each 12-month period, during a month allocated for the purpose by Taumata Arowai, apply for a renewal of registration of the owner’s supply.
2: At the time of applying to Taumata Arowai for renewal of registration of a drinking water supply, the owner of the drinking water supply must—
a: confirm that the information provided under section 54(2)
b: confirm that the drinking water safety plan is still current and, if not, lodge a new or amended plan.
3: The owner of a drinking water supply must immediately notify Taumata Arowai of any change to the information provided under section 54(2)
4: An application and a notification under this section must be in an approved form.
5: An application under this section must be accompanied by the prescribed fee or levy (if any). 1956 No 65 s 69M
8: Exemptions to requirements on drinking water suppliers
57: General exemptions
1: The chief executive may exempt a drinking water supplier or class of drinking water supplier from compliance with the following requirements in this Act:
a: to supply safe drinking water ( see section 21
b: to comply with drinking water standards ( see section 22
c: to take reasonable steps to provide aesthetically acceptable drinking water ( see section 24
d: to provide a sufficient quantity of drinking water to consumers at each point of supply ( see section 25
e: to protect against the risk of backflow ( see section 27
f: requirements relating to end-point treatment ( see section 28
g: to have a drinking water safety plan ( see section 30
h: to keep records ( see section 37
i: to provide information to consumers and have a consumer complaints process ( see section 38 Example
A person who supplies drinking water at backcountry huts or isolated campsites in a district, where it is impractical to provide safe drinking water and water may have to be boiled, could be exempted from requirements under a class exemption.
2: An exemption must exempt a drinking water supplier, or class of supplier, from all the requirements described in subsection (1).
3: An application for an exemption under this section must be accompanied by the prescribed fee (if any).
4: The chief executive must not grant an exemption unless—
a: satisfied that the exemption is consistent with the main purpose of this Act (other than the duty to have a drinking water safety plan); and
b: for an exemption in respect of a class of drinking water supplier, the chief executive has consulted the public in accordance with section 53(2) and (3)
5: The chief executive may grant the exemption on any conditions that the chief executive thinks fit.
6: Without limiting the power in subsection (5), the conditions may include a requirement—
a: that the drinking water supplier take appropriate measures to minimise the risk to public health; and
b: that the drinking water supplier take appropriate measures to warn consumers of the need to boil any drinking water from the water supply before it is consumed, including requirements about appropriate signs at taps; and
c: relating to the composition of the drinking water; and
d: to monitor the quality of the drinking water; and
e: that, where land is supplied with drinking water, the exemption and any conditions will be notified by Taumata Arowai to the relevant territorial authority for inclusion on the land information memorandum.
7: An exemption may continue in force for not more than 5 years (and at the close of the date that is 5 years after the exemption first comes into force, the exemption must be treated as having been revoked unless it is sooner revoked or expires).
8: An exemption granted under this section is secondary legislation ( see Part 3
9: The chief executive’s reasons for granting the exemption must be published with the exemption. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	publish it on an Internet site maintained by, or on behalf of, Taumata Arowai Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
58: Exemption: residual disinfection
1: The chief executive may exempt a drinking water supplier or class of drinking water supplier from the requirement to use residual disinfection in—
a: a supply that includes reticulation; or
b: any part of a supply that includes reticulation.
2: The chief executive may grant the exemption on any conditions that the chief executive thinks fit.
3: The chief executive must not grant the exemption unless—
a: satisfied that the exemption is consistent with the main purpose of this Act; and
b: for an exemption in respect of an individual drinking water supplier, the supplier satisfies the chief executive that drinking water supplied by the supplier will comply with all other legislative requirements and the drinking water safety plan on an ongoing basis; and
c: for an exemption in respect of a class of drinking water supplier, the chief executive has consulted the public in accordance with section 53(2) and (3)
4: An application for an exemption under this section must be accompanied by the prescribed fee (if any).
5: An exemption may continue in force for not more than 5 years (and at the close of the date that is 5 years after the exemption first comes into force, the exemption must be treated as having been revoked unless it is sooner revoked or expires).
6: The chief executive must publish an exemption granted in respect of an individual drinking water supplier on an Internet site maintained by or on behalf of Taumata Arowai.
7: An exemption granted in respect of a class of drinking water supplier under this section is secondary legislation ( see Part 3
8: The chief executive’s reasons for granting an exemption must be published with the exemption. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	publish it on an Internet site maintained by, or on behalf of, Taumata Arowai Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
9: Emergency powers
59: Taumata Arowai may declare drinking water emergency
1: Taumata Arowai may declare a drinking water emergency if it believes, on reasonable grounds, that there is a serious risk to public health.
2: In this subpart, serious risk to public health
a: the drinking water supplied to consumers; or
b: the ongoing supply (including domestic self-supplies) of a sufficient quantity of drinking water in a geographical area.
3: Taumata Arowai must consult the Minister before declaring a drinking water emergency or amending a drinking water emergency declaration.
4: A drinking water emergency declaration must specify—
a: the nature of the emergency; and
b: the purpose of the declaration; and
c: the geographical area or specific drinking water supply to which the declaration relates; and
d: the period of time during which the declaration remains in force.
5: Taumata Arowai may amend a drinking water emergency declaration.
6: As soon as practicable after making or amending a drinking water emergency declaration, Taumata Arowai must—
a: give a copy of the declaration or amended declaration to every affected drinking water supplier and territorial authority and the relevant medical officer of health; and
b: publish a copy of the declaration or amended declaration in the Gazette
c: take all practicable steps, working with affected drinking water supplies and territorial authorities, to ensure that consumers are informed about the drinking water emergency.
7: After receiving a drinking water emergency declaration, a drinking water supplier and a territorial authority must advise, to the satisfaction of Taumata Arowai, affected consumers about the drinking water emergency. 1956 No 65 s 69ZZA
60: Maximum duration of drinking water emergency declaration
No drinking water emergency declaration may remain in force for longer than 28 days unless regulations are made under section 66 1956 No 65 s 69ZZB
61: Drinking water emergency may be declared or continued even if other emergency declared
1: A drinking water emergency—
a: may be declared even if an emergency has been declared under another enactment:
b: remains in force in accordance with section 60
2: Despite subsection (1), if an emergency is declared under the Civil Defence Emergency Management Act 2002 Hazardous Substances and New Organisms Act 1996 Biosecurity Act 1993 section 62
a: in the case of an emergency declared under the Civil Defence Emergency Management Act 2002 section 4
b: in the case of an emergency declared under section 136
c: in the case of a biosecurity emergency declared under section 144 section 145 1956 No 65 s 69ZZC
62: Special powers of Taumata Arowai during drinking water emergency
1: If a drinking water emergency declaration is in force, Taumata Arowai may exercise all or any of the powers in subsection (2) for the purpose of preventing, reducing, or eliminating the serious risk to public health.
2: The powers are to—
a: take immediate action, or direct any person to take immediate action, that Taumata Arowai believes, on reasonable grounds, will prevent, reduce, or eliminate the serious risk to public health:
b: direct any person to stop, or prohibit any person from starting, anything that Taumata Arowai believes, on reasonable grounds, is a cause of, or contributes to, the serious risk to public health:
c: requisition any property in order to prevent, reduce, or eliminate the serious risk to public health:
d: destroy any property or any other thing in order to prevent, reduce, or eliminate the serious risk to public health:
e: require all persons within a specified area to use an alternative drinking water supply:
f: do emergency work, or direct a territorial authority to do emergency work, to ensure that an alternative supply of drinking water is available to affected persons:
g: direct a territorial authority to supply drinking water to affected persons (whether in the district of that territorial authority or in the district of another territorial authority):
h: direct a drinking water supplier to make arrangements to ensure that an alternative drinking water supply is available to affected consumers (for example, by water carrier):
i: direct the closure of any public place, or any part of a public place:
j: direct the cancellation of any public event, function, or gathering at any place:
k: take any other action that Taumata Arowai believes is reasonably necessary to prevent, reduce, or eliminate the serious risk to public health.
3: Taumata Arowai must consult the Minister before exercising a power under subsection (2)﻿(f) or (g) in relation to a territorial authority.
4: Every person who receives a direction, prohibition, or requirement from Taumata Arowai under subsection (2) must comply with that direction, prohibition, or requirement.
5: Taumata Arowai must issue a direction, prohibition, or requirement under subsection (2)﻿(a) to (h), or (k), in accordance with the requirements in section 125
6: A direction given under subsection (2)﻿(i) or (j) is secondary legislation ( see Part 3 1956 No 65 s 69ZZD The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	publish it on an Internet site maintained by, or on behalf of, Taumata Arowai Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
63: Exemption during drinking water emergency
1: If a drinking water emergency declaration is in force, Taumata Arowai may exempt any drinking water supplier, or class of drinking water supplier, from compliance with any or all of the requirements in sections 21 22 24 25 27 28 30 37 38
2: Taumata Arowai may grant an exemption from the requirements on any conditions that Taumata Arowai thinks fit.
3: Without limiting the power in subsection (2), the conditions may include a requirement—
a: that the drinking water supplier take appropriate measures to minimise the serious risk to public health; and
b: that the drinking water supplier advise affected consumers and drinking water suppliers of measures that they should take to protect public health; and
c: relating to the composition of the drinking water; and
d: to monitor the quality of the drinking water.
4: The exempt drinking water supplier and the territorial authority that is responsible for the geographical area to which the exemption relates must take all practicable steps to inform affected consumers of the exemption for the period during which it remains in force.
5: An exemption expires when the drinking water emergency to which it relates is no longer in force, unless earlier revoked.
6: An exemption granted under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	publish it on an Internet site maintained by, or on behalf of, Taumata Arowai Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
64: Compensation for property requisitioned or destroyed
1: Reasonable compensation is payable for any loss or destruction of property if Taumata Arowai, or any person acting at Taumata Arowai's direction under section 62
a: requisitions any property from any person for use in a drinking water emergency; or
b: destroys any property in order to prevent, reduce, or eliminate the serious risk to public health.
2: Reasonable compensation under subsection (1) is payable, on written application by any person having an interest in the property, by Taumata Arowai out of money appropriated by Parliament for the purpose.
3: Compensation is not payable under this section to any person who caused or contributed substantially to the duty that brought about the requisition or destruction.
4: Taumata Arowai may require a drinking water supplier who has caused or contributed substantially to an emergency to reimburse Taumata Arowai for all or part of any compensation paid by Taumata Arowai under this section in relation to that emergency.
5: A person may appeal to the District Court in accordance with section 93(2) and (3)
a: Taumata Arowai’s decision to pay or refuse to pay compensation under this section; or
b: the amount of compensation determined to be payable under this section; or
c: the determination of liability of any person to reimburse Taumata Arowai under subsection (4). 1956 No 65 s 69ZZE
65: Actions taken under emergency powers may be exempted from requirements of Part 3 of Resource Management Act 1991
1: If any action under section 62 Part 3 section 59(4)﻿(d)
2: Before granting an exemption, Taumata Arowai—
a: must consult the relevant consent authority (to the extent that is practicable in the circumstances); and
b: may consult any other persons that Taumata Arowai considers appropriate.
3: A failure to comply with subsection (2) does not affect the validity of any exemption given under this section.
4: Despite subsection (1), if, during any period in which an exemption by Taumata Arowai is in force, a consent authority refuses to issue a resource consent in respect of the action which is the subject of the exemption, the exemption, if not expiring earlier, expires at the close of 5 working days after the date of the decision of the consent authority unless—
a: regulations extending the exemption are made under section 66
b: any appeal is lodged against the decision of the consent authority, in which case the exemption expires on the determination of the appeal or at the time specified by the court that determines the appeal. 1956 No 65 s 69ZZF(1)–(3)
66: Regulations relating to emergency situations
1: If any action has been exempted from Part 3 section 65 section 59(1) section 59(4)﻿(d)
a: Taumata Arowai may request the Minister to recommend the making of regulations that extend the exemption; and
b: the Minister may recommend that the regulations be made; and
c: the Governor-General may, by Order in Council, make regulations for that purpose.
2: If Taumata Arowai considers that it is necessary, on the grounds prescribed in section 59(1) section 59(4)﻿(d)
a: Taumata Arowai may request the Minister to recommend the making of regulations that extend the period, up to a maximum of 2 years, during which a drinking water emergency declaration under section 59
b: the Minister may recommend that the regulations be made; and
c: the Governor-General may, by Order in Council, make regulations for that purpose.
3: The regulations are revoked at the close of the day that is 2 years after the date on which they first come into force, unless they are earlier revoked.
4: Regulations made under this section are secondary legislation ( see Part 3 1956 No 65 s 69ZZF(5), (6) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
67: Effect of exemption
If an exemption is granted under section 65 section 66(1) Part 3 section 62 1956 No 65 s 69ZZG
10: Authorisations
68: Requirement for operators to be authorised
A person must not operate a drinking water supply, a wastewater network, or a class of drinking water supply or wastewater network if—
a: regulations require the operator to be authorised; and
b: the person is not authorised in accordance with the regulations. 2015 No 70 s 206(1)
69: Requirement for prescribed skills, qualifications, or experience in respect of drinking water supply or wastewater network
A person must not certify, assess, test, or operate a drinking water supply, a wastewater network, or a class of drinking water supply or wastewater network if regulations require that, in order to do so, the person must—
a: have prescribed skills, qualifications, or experience and the person does not have the prescribed skills, qualifications, or experience; or
b: be supervised by a person with prescribed skills, qualifications, or experience, and the person is not supervised by a person with the prescribed skills, qualifications, or experience. 2015 No 70 s 207
70: Requirement for prescribed skills, qualifications, or experience for water sampling
A person must not sample source water, raw water, or drinking water if regulations require that, in order to do so, the person must—
a: have prescribed skills, qualifications, or experience and the person does not have the prescribed skills, qualifications, or experience; or
b: be supervised by a person with the prescribed skills, qualifications, or experience, and the person is not supervised by a person with the prescribed skills, qualifications, or experience.
71: Requirement to comply with conditions of authorisation
A person must comply with the conditions of any authorisation given to that person that are prescribed in or under regulations. 2015 No 70 s 208
72: Regulations relating to authorisations
Regulations made under section 200
a: requirements to be authorised:
b: the grant, issue, renewal, variation, suspension, cancellation, expiry, and replacement of authorisations:
c: the evidence and information to be provided in relation to applications (for example, statutory declarations, qualifications, or compliance certificates):
d: exemptions from a requirement to be authorised:
e: variations of authorisations by Taumata Arowai, whether on application or otherwise:
f: the authorisation of persons who are to be involved in the authorisation of other persons (for example, as trainers, assessors, auditors, reviewers, or compliance certifiers):
g: the authorisation of persons to authorise other persons (for example, through accreditation, certification, or verification):
h: the grant, issue, renewal, suspension, or cancellation of authorisations granted by persons referred to in paragraph (f):
i: processes for the review of or appeal against decisions in respect of authorisations, including ensuring that the person concerned is given a reasonable opportunity to be heard:
j: the eligibility requirements for applicants for authorisations:
k: the grounds and processes for regular monitoring, auditing, or review of authorisations, including powers to request or require information from authorised persons:
l: the grounds and processes for training or supervision in relation to authorisations:
m: conditions of authorisations:
n: fees for the applications for the grant, issue, renewal, variation, audit, or review of authorisations, or the basis on which the amount of fee is to be calculated or ascertained:
o: the keeping of 1 or more registers of authorisations, and for access to those registers:
p: the recognition of authorisations granted under other enactments or by other jurisdictions, and any exceptions to such recognition:
q: time frames within which persons must obtain authorisations.
11: Laboratory accreditation and testing
73: Duty to use accredited laboratory to analyse water
1: A drinking water supplier must use an accredited laboratory to analyse source water, raw water, and drinking water as part of any monitoring requirements in compliance rules or a drinking water safety plan.
2: If the results of an accredited laboratory’s analysis (whether or not the analysis has been requested to comply with subsection (1)) indicate that drinking water does not comply with the drinking water standards or compliance rules, the laboratory must notify Taumata Arowai and the drinking water supplier as soon as practicable after the results are known.
3: In this subpart, accredited laboratory section 77
74: Taumata Arowai may appoint accreditation body
1: Taumata Arowai may, by notice in the Gazette
a: appoint a person as a laboratory accreditation body; and
b: revoke the appointment at any time.
2: A reference in this subpart to a laboratory accreditation body
a: the person appointed under subsection (1)﻿(a); or
b: if no person is appointed, Taumata Arowai. 1956 No 65 s 69ZY s 248
75: Requirements relating to laboratories
1: Taumata Arowai must, by notice, prescribe—
a: the criteria and standards for accreditation of a laboratory; and
b: different classes of accreditation, if Taumata Arowai thinks it appropriate; and
c: the time frame for validity and required renewal of accreditation; and
d: the minimum frequency of assessments that the laboratory accreditation body must conduct of laboratories that analyse source water, raw water, and drinking water (which must be at least once every 3 years); and
e: forms and procedures that relate to accreditation; and
f: procedures for the investigation by a laboratory accreditation body of complaints relating to laboratories; and
g: notification requirements for laboratories relating to analysis of source water, raw water, or drinking water; and
h: any other matters Taumata Arowai considers necessary or appropriate.
2: A notice made under this section is secondary legislation ( see Part 3 2004 No 72 s 249 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	publish it on an Internet site maintained by, or on behalf of, Taumata Arowai Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
76: Charges
1: A laboratory accreditation body may charge an accredited laboratory the following fees prescribed by the laboratory accreditation body by notice:
a: a fee for—
i: an application for, or a renewal of, accreditation:
ii: an assessment conducted under section 75(1)﻿(d)
iii: an investigation conducted under section 75(1)﻿(f)
b: an annual fee for each full or partial year of accreditation:
c: any other fee that is necessary to recover the costs associated with providing accreditation services.
2: A notice made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	publish it on an Internet site maintained by, or on behalf of, Taumata Arowai Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
77: Accreditation
The laboratory accreditation body may, on the application of a person made in accordance with section 79 2004 No 72 s 250
78: Criteria for accreditation
Before granting accreditation, the laboratory accreditation body must be satisfied that the applicant meets the criteria and standards for accreditation prescribed by Taumata Arowai under section 75 2004 No 72 s 251
79: Application for accreditation
An application for accreditation under section 77
a: be made in writing; and
b: be given in the manner (if any) prescribed by the laboratory accreditation body; and
c: contain the information (if any) prescribed by the laboratory accreditation body. 2004 No 72 s 253
80: Suspension or revocation of accreditation
1: The laboratory accreditation body may suspend or revoke, or amend the scope of, an accreditation under section 77
2: The laboratory accreditation body may suspend or revoke an accreditation only if it—
a: is satisfied that the laboratory no longer meets the prescribed criteria and standards for accreditation; and
b: has first given the laboratory concerned a reasonable opportunity to be heard.
3: The laboratory accreditation body must notify Taumata Arowai if it has concerns that it believes could lead to the suspension or revocation of the accreditation of a laboratory.
4: Despite subsection (2)﻿(a), the laboratory accreditation body must not revoke the accreditation of a laboratory if—
a: the prescribed criteria and standards for accreditation are amended; and
b: the laboratory no longer meets those criteria and standards solely as a result of the amendments.
5: The limit in subsection (4) applies only during the period of 3 months after the date on which the amendments come into force. 2004 No 72 s 254
81: Laboratory accreditation body must notify Taumata Arowai of grant of, or change to, accreditation
1: The laboratory accreditation body must notify Taumata Arowai when it grants, amends the scope of, renews, suspends, or revokes the accreditation of a laboratory.
2: The notification must be given—
a: in the manner notified by Taumata Arowai to the laboratory accreditation body from time to time; and
b: within 7 working days after the action to which it relates.
3: Taumata Arowai must make the appropriate changes to the relevant entries in the register of accredited laboratories. 2004 No 72 s 255
82: Register of accredited laboratories
Taumata Arowai must keep and maintain a register of accredited laboratories.
12: Statutory management and transfer of operations
83: Non-performance by drinking water supplier
1: This section applies if the chief executive considers, in accordance with section 84
a: a drinking water supplier has persistently failed to comply with 1 or more legislative requirements; or
b: there is a serious risk to public health relating to a drinking water supply.
2: The chief executive may—
a: appoint 1 or more operators to act in place of the supplier to perform all or any of the supplier’s functions or duties as an operator under this Act; or
b: require the drinking water supplier to appoint 1 or more operators to act in place of the supplier to perform all or any of the supplier’s functions or duties as an operator under this Act. 2004 No 72 s 277
84: Criteria for appointment or renewal of appointment
1: In determining whether an appointment under section 83
a: the previous compliance record of the drinking water supplier, including any compliance action or prosecution initiated by the chief executive and the outcome; and
b: the likelihood that the drinking water supplier will be able to comply with the supplier’s functions or duties as an operator under this Act; and
c: the risk to public health posed by the drinking water supplier’s previous compliance record and likely compliance in the future; and
d: the extent to which the requirements in sections 68 69 71 section 200
e: the likelihood that the drinking water supplier will be able to meet the requirements in sections 68 69 71 section 200
f: the results of any assessment under section 125
2: If section 83(1) section 83(2)
3: In deciding whether to renew an appointment made under section 83(2)
a: consider—
i: the matters specified in subsection (1); and
ii: the results of any consultation undertaken under subsection (2); and
b: revoke the appointment and direct the supplier to resume the performance of the supplier’s functions or duties if the chief executive considers that the supplier is capable of doing so.
4: If subsection (3)﻿(b) applies, the chief executive must give the person appointed under section 83(2) 2004 No 72 s 278
85: Effect of appointment
If a person is appointed under section 83
a: that person has all the drinking water supplier’s functions and duties specified in the appointment, and the powers necessary to perform those functions or duties, as if they had been imposed or conferred on that person directly by this Act and not by the appointment; and
b: this Act applies accordingly. 2004 No 72 s 279
86: Costs may be recovered from drinking water supplier
1: This section applies to all costs, charges, and expenses incurred by—
a: Taumata Arowai, for the purposes of section 83
b: a person appointed under section 83 section 85
2: The costs, charges, and expenses may be recovered from the drinking water supplier concerned as a debt due to Taumata Arowai. 2004 No 72 s 280
87: Requirements for appointment
1: The chief executive must specify in writing—
a: the period for which the appointment is made; and
b: the supplier’s functions and duties under this Act that the appointed person is required to perform.
2: The appointment may—
a: be on any conditions that the chief executive thinks fit; and
b: be renewed in accordance with section 84
3: A person appointed under section 83 2004 No 72 s 281
88: Notice of appointment to drinking water supplier
1: The chief executive must notify a drinking water supplier of an appointment under section 83
2: The notice must—
a: be in writing; and
b: specify the period for which the appointment is made; and
c: specify the supplier’s functions and duties under this Act that the appointed person is required to perform; and
d: contain the contact information for the chief executive of Taumata Arowai described in section 125(2)
13: Review and appeals
Internal review
89: Application for internal review
1: A person affected by a decision to which this section applies (the reviewable decision internal review
a: 20 working days after the day on which the decision first came to the affected person's notice; or
b: any longer period that Taumata Arowai allows.
2: This section applies to the following decisions:
a: any directions issued by Taumata Arowai or a compliance officer:
b: any conditions issued by Taumata Arowai under section 33
c: any decision by the chief executive to grant or refuse to grant an exemption under section 57 58
d: any decision to refuse to authorise, or to amend, suspend, or revoke, an authorisation under regulations made under section 200
3: The application must be made in the manner and form required by Taumata Arowai. 2015 No 70 s 131
90: Decision of Taumata Arowai
1: Taumata Arowai must review the reviewable decision and make a decision—
a: as soon as practicable; and
b: in any case, within 20 working days after the application for internal review is received.
2: However, the individual who made the reviewable decision must not review the decision.
3: Taumata Arowai's decision may—
a: confirm or vary the reviewable decision; or
b: set aside the reviewable decision; or
c: set aside the reviewable decision and substitute another decision that Taumata Arowai considers appropriate.
4: Taumata Arowai may seek further information from the applicant, and, if it does,—
a: the applicant must provide the information within the period (not less than 7 working days) specified by Taumata Arowai in the request for information; and
b: the period specified in subsection (1)﻿(b) ceases to run until the applicant provides the information to Taumata Arowai.
5: If the applicant does not provide the further information within the required time, Taumata Arowai may make a decision on the internal review on the basis of the information held by Taumata Arowai.
6: If the reviewable decision is not varied or set aside within the period specified in subsection (1)﻿(b), the decision is to be treated as having been confirmed by Taumata Arowai. 2015 No 70 s 132
91: Notice of decision on internal review
As soon as practicable after making a decision in accordance with section 90
a: the decision on the internal review; and
b: the reasons for the decision. 2015 No 70 s 133
92: Stay of reviewable decision on internal review
1: If an application is made for an internal review of a decision, Taumata Arowai may stay the operation of the decision.
2: Taumata Arowai may stay the operation of a decision—
a: on Taumata Arowai's own initiative; or
b: on the application of the applicant for review.
3: Taumata Arowai must make a decision on an application for a stay within 3 working days after Taumata Arowai receives the application.
4: If Taumata Arowai has not made a decision on an application under subsection (2)﻿(b) within the time set out in subsection (3), Taumata Arowai is to be treated as having made a decision to grant a stay.
5: A stay of the operation of a decision pending a decision on an internal review continues until the reviewer has made a decision on the review. 2015 No 70 s 134 Appeals
93: Appeal
1: A person may appeal to the District Court against any of the following on the grounds that it is unreasonable:
a: a decision or determination specified in section 64(5)
b: Taumata Arowai’s decision under section 90
c: the whole or any part of a compliance order issued under section 120
2: The appeal must be lodged within 20 working days after the day on which the decision or determination first came to the person's notice or the compliance order was served on the person.
3: On an appeal under subsection (1), the court must inquire into the decision, determination, or compliance order and may—
a: confirm or vary the decision, determination, or compliance order; or
b: set aside the decision or determination, or cancel the compliance order; or
c: set aside the decision or determination and substitute another decision or determination that the court considers appropriate; or
d: cancel the compliance order and substitute another compliance order that the court considers appropriate; or
e: refer the decision, determination, or compliance order back to the decision maker with the court’s opinion, together with any directions as to how the matter should be dealt with. 2015 No 70 s 135
94: Interim order by District Court
1: At any time before the final determination of an appeal, the District Court may make an interim order.
2: An interim order may be subject to any conditions that the District Court thinks fit.
3: If the District Court makes an interim order, the Registrar of that court must send a copy of the order to Taumata Arowai. 2013 No 148 s 23
95: Appeal to High Court
1: A person may appeal to the High Court on a question of law only from a decision by the District Court that determines an appeal under section 64(5) 93(1)
2: An appeal must be made by giving notice of appeal no later than 20 working days after the date on which notice of the decision was communicated to the appellant or any further time that the High Court may allow.
3: However, nothing in this section affects the right of any person to apply for judicial review. 2013 No 148 s 22
96: Appeals to Court of Appeal or Supreme Court
1: A party to an appeal under section 95
2: The Court of Appeal or the Supreme Court hearing an appeal under this section has the same power to adjudicate on the appeal as the High Court had.
3: Subsection (1) is subject to section 75
97: Effect of appeal against compliance order
An appeal under sections 93 to 96
a: the chief executive whose compliance order is appealed against must not revoke or amend the order while the order is the subject of an appeal or while the time for the person’s appeal rights is running; and
b: an appeal against a compliance order does not operate as a stay of that order unless the court orders otherwise. 1999 No 142 s 156H
3: Enforcement and other matters
1: Provisions relating to appointment of compliance officers
98: Appointment of compliance officers
1: Taumata Arowai may, by notice in writing, appoint any of the following as a compliance officer:
a: an employee of Taumata Arowai:
b: an employee of a department (within the meaning of the State Sector Act 1988
c: an employee of the State services (within the meaning of the State Sector Act 1988
d: any other person who Taumata Arowai is satisfied—
i: is suitably qualified and trained:
ii: belongs to a class of persons who are suitably qualified and trained to exercise any or all of the powers of, and carry out any or all of the duties of, a compliance officer.
2: A compliance officer’s compliance powers are subject to any conditions or limitations specified in the notice of the officer's appointment.
3: However, the exercise of a compliance power by a compliance officer is not invalid merely because it did not comply with the conditions specified in the notice of the officer’s appointment. 2015 No 70 s 163
99: Identity cards
1: Taumata Arowai must give each compliance officer an identity card that—
a: states the person's name and appointment as a compliance officer; and
b: includes any other matter prescribed by regulations made under section 200
2: A compliance officer must, when exercising compliance powers under this Act, produce their identity card for inspection on request.
3: A person who ceases to be a compliance officer must as soon as practicable return the identity card to Taumata Arowai. 2015 No 70 s 164
100: Suspension and ending of appointment of compliance officers
1: Taumata Arowai may suspend or end the appointment of a compliance officer at any time.
2: To avoid doubt, a person's appointment as a compliance officer ends when the person ceases to be eligible for appointment as a compliance officer. 2015 No 70 s 165
101: Compliance officers subject to Taumata Arowai's directions
1: A compliance officer (whether or not an employee) is subject to directions from Taumata Arowai in the exercise of the officer's compliance powers.
2: A direction under subsection (1) may be of a general nature or may relate to a specified matter or specified class of matter.
3: A failure to comply with a direction under subsection (1) does not invalidate the exercise of a compliance officer's compliance power. 2015 No 70 s 166
102: Chief executive has powers of compliance officer
The chief executive has all the powers that a compliance officer has under this Act. 2015 No 70 s 167
2: Powers of compliance officers
Purpose
103: Purpose of powers in this subpart
A compliance officer may exercise a power under this subpart only for 1 or more of the following purposes:
a: to ensure that legislative requirements have been, are being, or will be complied with:
b: to ensure that a drinking water supplier has been, is, or will be complying with a drinking water safety plan:
c: to ensure that local authorities and others are complying with any undertakings made as part of a source water risk management plan:
d: to respond to serious risks to public health relating to drinking water:
e: to investigate anything that might have contaminated drinking water and poses a risk to human life or public health:
f: to investigate the commission of offences under this Act:
g: to bring proceedings in relation to any compliance orders, enforceable undertakings, or offences under this Act. 1956 No 65 s 69ZN Directions
104: Directions
1: A compliance officer may issue a direction to a drinking water supplier, or to any person supplying drinking water under section 34 section 103(a) to (d)
2: A drinking water supplier or other person to whom a direction is issued must comply with the direction within any time frame (including immediately) specified in the direction (if any).
3: A direction may be amended or revoked at any time.
4: The amendment or revocation of a direction does not have retrospective effect.
5: A compliance officer must issue a direction under this section in accordance with the requirements in section 125
6: To avoid doubt, a direction issued under this section may require the treatment of drinking water. Dealing with serious risk to public health
105: Compliance officer powers where serious risk to public health exists
1: This section applies if a compliance officer believes, on reasonable grounds, that there is a serious risk to public health.
2: In this subpart, serious risk to public health
a: the drinking water supplied to consumers; or
b: the ongoing supply of a sufficient quantity of drinking water to consumers.
3: If this section applies, the compliance officer may—
a: take immediate action, or direct any person to take immediate action, to prevent, reduce, or eliminate the serious risk to public health:
b: direct any person to stop, or prohibit any person from starting, anything that Taumata Arowai believes, on reasonable grounds, is a cause of, or contributes to, the serious risk to public health:
c: direct all persons within a specific area to use an alternative drinking water supply:
d: direct a drinking water supplier to make arrangements to ensure that an alternative drinking water supply is available to affected persons (for example, by water carrier).
4: Every person who is directed by a compliance officer under subsection (3) must comply with that direction.
5: A compliance officer must issue a direction under this section in accordance with the requirements in section 125
6: To avoid doubt, a direction issued under this section may require the treatment of drinking water. 1956 No 65 s 69ZO(1), (2)
106: Requirements relating to exercise of section 105 powers
1: The exercise of any power referred to in section 105(3) sections 9 12 13 14 15
a: consults the relevant consent authority and takes account of any views expressed by the authority about the way in which the power is to be exercised; and
b: obtains the consent of Taumata Arowai to the exercise of the power.
2: A compliance officer must—
a: take all practicable steps to consult affected drinking water suppliers before exercising a power referred to in section 105(3)
b: in every case, take all reasonable steps to comply with rules that relate to health and safety at any place, while the officer exercises any power referred to in section 105(3)
3: A direction imposed under section 105(3)
a: is satisfied that the direction ought to continue in effect; and
b: has declared a drinking water emergency under section 59 1956 No 65 s 69ZO(3)–(5) Power to take samples
107: Power to take and test samples
A compliance officer may, as they consider necessary,—
a: take and test samples of, and conduct inquiries or inspections in relation to, all or any of the following:
i: a source of a drinking water supply:
ii: raw water:
iii: drinking water; and
b: direct any drinking water supplier to take a specified action referred to in paragraph (a) and to report to the officer with the results; and
c: direct a drinking water supplier to test samples at any facility the officer considers necessary, such as an accredited laboratory. 1956 No 65 s 69ZP(1)﻿(e)–(h) Power to obtain information
108: Power to obtain information
1: A compliance officer may, for the purpose of performing or exercising their functions or powers,—
a: inspect, at all reasonable times, all records and documents of every description in the possession or control of a drinking water supplier that are required to be kept under this Act; and
b: make copies of, or take extracts from, those records and documents; and
c: direct any person who has possession or control of those records and documents to supply to the compliance officer, in any reasonable manner that the officer specifies, all or any of those records or documents; and
d: take photographs, video recordings, and other visual images; and
e: take audio sound recordings; and
f: make electronic records.
2: The compliance officer must, no later than 10 working days after directing a person to supply documents under this section, provide the person with an inventory of all documents taken.
3: Subpart 5
4: Nothing in this section limits any enactment that imposes a prohibition or restriction on the availability of any information. 1956 No 65 s 69ZP s 300
109: Power to require name and address
1: A compliance officer may require a person to provide the person's name and residential address if—
a: the officer finds the person committing an offence against this Act; or
b: the officer finds the person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has committed an offence against this Act.
2: When asking a person to provide their name and residential address, the compliance officer must—
a: tell the person the reason for the requirement to provide their name and residential address; and
b: warn the person that it is an offence to fail to provide their name and residential address, unless the person has a reasonable excuse.
3: If the compliance officer reasonably believes that the name and residential address a person provides are false, the compliance officer may require the person to give evidence of their correctness.
4: Subpart 5
5: Nothing in this section limits any enactment that imposes a prohibition or restriction on the availability of any information. 2015 No 70 s 175
110: Power to question drinking water supplier
1: A compliance officer may direct a drinking water supplier to answer any question for the purpose of—
a: ensuring that the legislative requirements have been, are being, or will be complied with; or
b: ensuring that a drinking water supplier has been, is, or will be complying with a drinking water safety plan; or
c: investigating anything that might have, or might potentially have, contaminated drinking water and poses a risk to human life or public health.
2: The supplier must answer the questions, subject to subsections (3) and (4).
3: Subpart 5
4: Nothing in this section limits any enactment that imposes a prohibition or restriction on the availability of any information.
111: Powers of entry and inspection
1: A compliance officer may exercise a power under subsection (2) for 1 or more of the purposes in section 103(a) to (e)
2: A compliance officer may, in respect of a place described in subsection (4),—
a: enter the place; and
b: inspect the place; and
c: exercise the powers in section 107
3: Before exercising the power to enter a place, the compliance officer must make reasonable efforts to contact the owner, occupier, or person in charge of the place.
4: The places are any area where infrastructure and processes are used to collect, treat, or transmit drinking water for supply to consumers, including—
a: the point of supply:
b: any end-point treatment device:
c: any backflow prevention device.
5: A compliance officer must not enter a home or a marae under this section, except with the consent of an occupier.
6: A compliance officer must not enter a defence area (within the meaning of section 2(1)
112: Power to enter without search warrant
1: A compliance officer may exercise a power under subsection (2) if the officer believes, on reasonable grounds, that the exercise of the power is required in relation to a serious risk to public health.
2: A compliance officer may, in respect of a place described in subsection (4),—
a: enter the place without a search warrant; and
b: search the place; and
c: exercise any of the powers in sections 104 to 110
3: Before exercising the power to enter a place without a search warrant, the compliance officer must make reasonable efforts to contact the owner, occupier, or person in charge of the place.
4: The places are any area where infrastructure and processes are used to collect, treat, or transmit drinking water for supply to consumers, including—
a: the point of supply:
b: any end-point treatment device:
c: any backflow prevention device.
5: Part 4 subparts 2 3 6 8 sections 118 119
6: A compliance officer must not enter a home or a marae under this section, except with the consent of an occupier.
7: A compliance officer must not enter a defence area (within the meaning of section 2(1) 2014 No 32 s 311
113: Notice of entry
1: If a compliance officer enters any place under this Act and is unable, despite reasonable efforts, to find any person in charge, the officer must, before leaving the place, leave a written notice stating—
a: the officer’s identity; and
b: the officer’s contact information; and
c: the date and time of entry; and
d: the officer’s reasons for entering.
2: In this section, contact information
a: the name of the officer; and
b: 1 or more of the following:
i: telephone number:
ii: email address:
iii: physical or postal address. 2015 No 70 s 171
114: Power of Taumata Arowai to authorise making of applications for search warrants
1: Taumata Arowai may authorise a specified person to enter and search a place, vehicle, or other thing for the purpose of ascertaining whether a person has engaged in or is engaging in conduct that contravenes or may contravene any legislative requirement or drinking water safety plan, if Taumata Arowai is satisfied that there are reasonable grounds—
a: to suspect that person has engaged in or is engaging in conduct that constitutes or may constitute a contravention; and
b: to believe that the search will find evidential material in or on any part of the place, vehicle, or thing.
2: A specified person authorised under subsection (1) may enter and search the place, vehicle, or other thing if—
a: the occupier of the place, or the person in charge of the vehicle or thing, (as the case may be) consents; or
b: the specified person obtains a warrant under subsection (3).
3: An issuing officer may issue a search warrant in relation to a place, vehicle, or thing on an application made in the manner provided by subpart 3
a: to suspect that a person has engaged in or is engaging in conduct that contravenes or may contravene any legislative requirement or drinking water safety plan; and
b: to believe that the search will find evidential material in or on any part of the place, vehicle, or thing.
4: In this section, specified person
a: a compliance officer; or
b: an employee of Taumata Arowai; or
c: any other person who Taumata Arowai is satisfied is suitably qualified and trained.
5: Despite subsection (4), a constable may apply for a warrant to be issued under subsection (3) without an authorisation from Taumata Arowai under subsection (1).
6: The provisions of subpart 2 Part 4 sections 118 119 2015 No 70 s 173
115: Continuation of powers of entry and inspection without search warrants
A compliance officer who, in the course of exercising a power under section 112 section 114 section 112 2015 No 70 s 174
116: Conditions of entry, search, and seizure
1: A compliance officer must take all reasonable steps to ensure that any equipment the officer has taken into a place is—
a: free from contamination; and
b: in good working order.
2: Section 110(e) 2014 No 32 s 299
117: Building Act 2004
1: If a compliance officer, in the course of performing functions or exercising powers under this Act, believes that any building or sitework that relates to the supply of drinking water does not comply with the Building Act 2004
2: For the purposes of this section, building building code sitework territorial authority section 7 1956 No 65 s 128A
118: Power to ask for assistance
1: A compliance officer who considers it necessary to do so may ask a person for assistance in performing the officer’s functions or duties, or exercising the officer’s powers (other than exercising a power of entry), under this Act.
2: If the person agrees to assist, they—
a: must act under the supervision of, and as instructed by, the officer; and
b: may accompany the officer into any place that the officer enters. 2014 No 32 s 297
119: Protection of persons acting under authority of Act
1: This section applies to the following persons:
a: a compliance officer:
b: the chief executive:
c: a person called to assist a compliance officer:
d: Taumata Arowai:
e: an operator appointed under section 83(2)
f: a specified person authorised under section 114(1)
2: The person is protected from civil and criminal liability, however it may arise, for any act that the person does or omits to do in the performance or purported performance of the person’s functions or duties, or the exercise or purported exercise of the person’s powers, under this Act—
a: in good faith; and
b: with reasonable cause.
3: See also section 6 2014 No 32 s 351
3: Compliance orders
120: Power to issue compliance order
1: The chief executive may serve a compliance order on any person—
a: requiring that person to stop, or prohibiting that person from starting, anything done or to be done by, or on behalf of, that person that the chief executive believes, on reasonable grounds,—
i: contravenes, or is likely to contravene, any legislative requirement or drinking water safety plan (including any undertakings given by third parties to the plan); or
ii: will or may create a serious risk to public health that relates to a drinking water supply; or
b: requiring that person to do something that the chief executive believes, on reasonable grounds, will—
i: ensure compliance by, or on behalf of, that person with the legislative requirements or drinking water safety plan (including any undertakings given by third parties to the plan); or
ii: prevent, reduce, or eliminate any serious risk to public health that relates to a drinking water supply.
2: A compliance order may be made subject to directions and conditions (for example, directions to amend a drinking water safety plan).
3: To avoid doubt, a compliance order served under this section may require the treatment of drinking water. 1956 No 65 s 69ZZH
121: Compliance with compliance order
1: A person on whom a compliance order is served must—
a: comply with the order within the period specified in it; and
b: unless the order directs otherwise, pay all the costs and expenses of complying with it.
2: This section is subject to the rights of appeal in sections 93 to 96 1956 No 65 s 69ZZI
122: Form and content of compliance order
A compliance order must state—
a: the name of the person to whom it relates; and
b: the reasons for the order; and
c: the action required to be taken, stopped, or not taken; and
d: the period within which the action must be taken or stopped, being a reasonable period within which to take the action required or to stop the action. 1956 No 65 s 69ZZJ
123: Chief executive may vary or cancel order
Except as provided in section 97 2015 No 70 s 114
124: Formal irregularities or defects in order
A compliance order is not invalid merely because of any defect, irregularity, omission, or want of form in the order unless the defect, irregularity, omission, or want of form causes or is likely to cause a miscarriage of justice. 2015 No 70 s 115
125: General provisions relating to directions and orders
1: A direction, prohibition, or requirement issued under section 62 104 105 section 120
a: must be in writing; and
b: must contain contact information for Taumata Arowai and the compliance officer (if applicable); and
c: must state that a person has a right of review under section 89 section 93
d: may be addressed to any person under the person's legal name or usual business name or style.
2: In this section, contact information
a: the name of the chief executive, and the name of the compliance officer (if applicable); and
b: 1 or more of the following:
i: telephone number:
ii: email address:
iii: physical or postal address. 2015 No 70 s 112
4: Remedial action
126: When chief executive may carry out remedial action
1: This section applies if a person fails to comply with the whole or any part of a compliance order that is issued to the person.
2: The chief executive may take any remedial action the chief executive believes reasonable to address serious risks to public health after giving written notice to the person of—
a: the chief executive's intention to take that action; and
b: the person's liability for the costs of that action. 2015 No 70 s 119
127: Power of chief executive to take other remedial action
1: This section applies if the chief executive reasonably believes that—
a: circumstances exist in which a compliance order can be issued; and
b: a compliance order cannot be issued at a place because, after taking reasonable steps, the person to whom the order could be issued cannot be found.
2: The chief executive may take any remedial action necessary to address serious risks to public health. 2015 No 70 s 120
128: Costs of remedial or other action
Taumata Arowai may recover as a debt due to Taumata Arowai the reasonable costs of any remedial action taken under—
a: section 126
b: section 127 2015 No 70 s 121
129: Civil proceedings relating to non-compliance with compliance order
1: On application by the chief executive, the District Court may make an order—
a: compelling a person to comply with a compliance order; or
b: restraining a person from contravening a compliance order.
2: The District Court may make an order—
a: under subsection (1)﻿(a) if it is satisfied that the person has refused or failed to comply with a compliance order:
b: under subsection (1)﻿(b) if it is satisfied that the person has contravened, is contravening, or is likely to contravene a compliance order.
3: The District Court may make an order under this section—
a: whether or not proceedings have been brought for an offence against this Act in connection with any matter in relation to which the compliance order was issued; and
b: whether or not the compliance period for the compliance order has expired. 2015 No 70 s 122
5: Enforceable undertakings
130: Chief executive may accept enforceable undertakings
1: The chief executive may accept an enforceable undertaking given by a person in writing in connection with a matter that relates to a contravention or an alleged contravention by the person of this Act, a legislative requirement, or a drinking water safety plan.
2: The chief executive must not accept an enforceable undertaking under subsection (1) if the chief executive believes that the contravention or alleged contravention would amount to an offence against section 171 173 174
3: The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates. 2015 No 70 s 123
131: Notice of decision and reasons for decision
1: The chief executive must give the person seeking to make an enforceable undertaking written notice of—
a: the decision to accept or reject the undertaking; and
b: the reasons for the decision.
2: Taumata Arowai must make available to the public, on an Internet site maintained by or on behalf of Taumata Arowai, notice of a decision to accept an enforceable undertaking and the reasons for that decision.
3: In the case of an enforceable undertaking given by a drinking water supplier, Taumata Arowai must take steps to bring the undertaking to the attention of the consumers and any drinking water supplier served by the supplier. 2015 No 70 s 124
132: When enforceable undertaking is enforceable
An enforceable undertaking takes effect and becomes enforceable when the chief executive's decision to accept the undertaking is given to the person who made the undertaking, or at any later date specified by the chief executive. 2015 No 70 s 125
133: Contravention of enforceable undertaking
1: The chief executive may apply to the High Court for an order if a person contravenes an enforceable undertaking.
2: If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders:
a: an order directing the person to comply with the undertaking:
b: a civil pecuniary penalty not exceeding $50,000 for an individual or $300,000 in any other case:
c: an order discharging the undertaking.
3: In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to Taumata Arowai—
a: the reasonable costs of the proceedings; and
b: the reasonable costs of Taumata Arowai in monitoring compliance with the enforceable undertaking in the future.
4: This section does not prevent proceedings being brought for the contravention or alleged contravention of this Act or regulations made under this Act to which the enforceable undertaking relates. 2015 No 70 s 127
134: Withdrawal or variation of enforceable undertaking
1: A person who has given an enforceable undertaking may at any time, with the written agreement of the chief executive,—
a: withdraw the undertaking; or
b: vary the undertaking.
2: However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act or regulations made under this Act.
3: Taumata Arowai must make available to the public, on an Internet site maintained by or on behalf of Taumata Arowai, notice of the withdrawal or variation of an enforceable undertaking.
4: In the case of an enforceable undertaking given by a drinking water supplier, Taumata Arowai must take steps to bring the withdrawal or variation of the undertaking to the attention of the community served by the supplier. 2015 No 70 s 128
135: Proceedings for alleged contravention
1: No proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act or regulations made under this Act may be brought against—
a: a person who made an undertaking in relation to that contravention, while the undertaking is enforceable and there is no contravention of the undertaking:
b: a person who made, and has completely discharged, an enforceable undertaking in relation to that contravention.
2: The chief executive may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed.
3: If the chief executive accepts an enforceable undertaking before the proceedings are completed, the chief executive must take all reasonable steps to have the proceedings discontinued as soon as practicable. 2015 No 70 s 129
6: Planning and reporting requirements of Taumata Arowai
136: Drinking water compliance, monitoring, and enforcement strategy
1: The board of Taumata Arowai must prepare a drinking water compliance, monitoring, and enforcement strategy.
2: The board must review the strategy at least every 3 years.
3: The board may amend the strategy at any time.
4: The board may delegate to the chief executive the functions of preparing and amending the strategy.
5: The purpose of the strategy is to—
a: provide transparency about Taumata Arowai’s intended approach to achieving compliance with drinking water regulatory requirements over a 3-year period, and the outcomes sought from that approach; and
b: provide the basis on which Taumata Arowai is accountable for the performance of its regulatory functions and the use of its regulatory powers.
6: The strategy must include Taumata Arowai’s intended approach to—
a: performing the functions in section 32(1)
b: achieving and enforcing compliance with drinking water legislation and standards, including how Taumata Arowai intends to—
i: support drinking water suppliers of different types, sizes, and abilities to build and maintain capability to comply with their regulatory responsibilities; and
ii: target its activities and prioritise its resources to focus on the suppliers, supplies, or practices that pose the greatest risk to drinking water safety; and
iii: perform its regulatory functions and apply its regulatory powers; and
c: exemptions issued under sections 57 58
7: The chief executive must have regard to the strategy when performing the chief executive’s functions.
8: Taumata Arowai must ensure that the strategy is published in accordance with section 205
137: Taumata Arowai to publish annual drinking water regulation report
1: Taumata Arowai must ensure that, before 1 July in each year, it prepares a report on—
a: the extent to which persons (such as drinking water suppliers and local authorities) are complying with this Act and other enactments that relate to drinking water; and
b: the safety of drinking water supplied by drinking water suppliers; and
c: compliance rates of drinking water suppliers with the drinking water standards; and
d: the extent to which the risks and hazards to source water are being identified, managed, and monitored; and
e: capability among drinking water suppliers and across the wider water services sector; and
f: the performance of Taumata Arowai’s functions, including Taumata Arowai’s performance in achieving the objectives and targets of the compliance, monitoring, and enforcement strategy; and
g: the extent to which this Act is meeting its main purpose.
2: Taumata Arowai must provide a copy of the report to the Minister and the report must be presented to the House of Representatives.
3: Taumata Arowai must ensure that the report is published in accordance with section 205
7: Provisions relating to wastewater networks
138: Wastewater environmental performance standards
1: Taumata Arowai may, following consultation undertaken in accordance with section 53
a: discharges to air, water, or land:
b: biosolids and any other byproducts from wastewater:
c: energy use:
d: waste that is introduced by a third party into a wastewater network (for example, trade waste).
2: Wastewater environmental performance standards may include (but are not limited to) requirements, limits, conditions, or prohibitions.
3: Wastewater environmental performance standards—
a: may apply—
i: to all wastewater networks and their operators; or
ii: to classes of wastewater network and their operators; but
b: must not apply to an individual wastewater network or wastewater network operator.
4: Wastewater environmental performance standards made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	publish it on an Internet site maintained by, or on behalf of, Taumata Arowai Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
139: Wastewater network risk management plans
1: A wastewater network operator must prepare and implement a risk management plan for the operator’s wastewater network.
2: A wastewater network risk management plan must—
a: identify any hazards that relate to the wastewater network; and
b: assess any risks that are associated with those hazards; and
c: identify how those risks will be managed, controlled, monitored, or eliminated; and
d: include any wastewater environmental performance measures, standards, or targets made by Taumata Arowai and how the measures, standards, or targets will be met.
3: The wastewater network operator must—
a: provide a draft risk management plan to Taumata Arowai within a time frame notified in the Gazette
b: develop a final risk management plan that gives effect to any comments made by Taumata Arowai on the draft plan; and
c: provide a final risk management plan to Taumata Arowai within a time frame notified in the Gazette
4: The wastewater network operator must—
a: review its final risk management plan every 5 years; and
b: provide the updated plan to Taumata Arowai as soon as practicable following the review.
8: Monitoring and reporting on environmental performance of networks
140: Interpretation
In this subpart and in section 205 drinking water network
a: a local authority, council-controlled organisation, or subsidiary of a council-controlled organisation:
b: a department:
c: the New Zealand Defence Force drinking water network operator
a: each of the following, to the extent that they operate a drinking water network or supervise its operation or aspects of its operation:
i: a local authority, council-controlled organisation, or subsidiary of a council-controlled organisation:
ii: a department:
iii: the New Zealand Defence Force; and
b: any person who operates a drinking water network, or any aspect of a drinking water network, for, or on behalf of, an organisation specified in paragraph (a) network operators networks
141: Monitoring and reporting on environmental performance of networks
Taumata Arowai must monitor and report in accordance with this subpart on the environmental performance of networks and network operators for the purposes of—
a: providing transparency about—
i: the environmental performance of networks and network operators; and
ii: the extent to which networks are complying with applicable standards, conditions, or requirements (whether under legislation or as part of a resource consent); and
iii: the extent to which network operators are avoiding, remedying, or mitigating any adverse effects on the environment arising from the operation of networks; and
b: enabling comparisons to be made between the performance of different drinking water networks and drinking water network operators; and
c: enabling comparisons to be made between the performance of different wastewater networks and wastewater network operators; and
d: enabling comparisons to be made between the performance of different stormwater networks and stormwater network operators; and
e: enabling the identification of, and development of advice and guidance on,—
i: best practices that relate to the design, management, and operation of networks; and
ii: risks and issues that relate to performance and practice.
142: Collection of information for monitoring and reporting on environmental performance
1: Taumata Arowai may collect, or require a person to provide, the information it considers necessary to achieve the purposes specified in section 141
2: Any person required to provide information under subsection (1) must provide the information to Taumata Arowai in accordance with any regulations made under section 200
143: Civil proceedings relating to non-compliance with section 142 or 146
1: Taumata Arowai may apply to the High Court for an order if a person does not comply with section 142(2) 146(2)
2: If the court is satisfied that the person has not complied with section 142(2) 146(2)
a: an order directing the person to comply with section 142(2) 146(2)
b: an order imposing a civil pecuniary penalty not exceeding $50,000.
3: In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including an order directing the person to pay to Taumata Arowai the reasonable costs of the proceedings.
144: Network registers
1: Taumata Arowai must establish and maintain—
a: a register of wastewater networks; and
b: a register of stormwater networks.
2: Taumata Arowai may maintain the registers in any form, including in different parts for different classes of network or network operators, or according to different geographical areas.
3: Taumata Arowai may include any information on the registers about wastewater and stormwater networks that it considers necessary to achieve the purposes specified in section 141
4: Taumata Arowai must make the registers publicly available on an Internet site maintained by or on behalf of Taumata Arowai.
145: Environmental performance measures and targets for networks
1: Taumata Arowai may develop, publish, and maintain—
a: environmental performance measures for networks; and
b: environmental performance targets for networks.
2: Environmental performance measures and targets for wastewater networks may include measures and targets that relate to—
a: discharges to air, water, or land:
b: biosolids and any other byproducts from wastewater:
c: energy use:
d: waste that is introduced by a third party into a wastewater network (for example, trade waste).
3: Environmental performance measures and targets—
a: may apply—
i: to all networks and their operators; or
ii: to classes of network and their operators; but
b: must not apply to an individual network or network operator.
4: When developing or amending an environmental performance measure or target, Taumata Arowai must consult network operators, regional councils, and any other person it considers appropriate in accordance with section 53(2) and (3)
146: Record-keeping requirements for monitoring and reporting purposes
1: Taumata Arowai may, by notice, require network operators to keep and maintain records relating to compliance with applicable—
a: environmental performance measures; and
b: environmental performance targets; and
c: for wastewater network operators, wastewater environmental performance standards and the requirements of wastewater network risk management plans.
2: Network operators must—
a: keep and maintain the records required by the notice; and
b: make the records available to Taumata Arowai in any format specified in the notice.
3: A notice made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	publish it on an Internet site maintained by, or on behalf of, Taumata Arowai Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
147: Annual reporting on networks
1: Taumata Arowai must, on an annual basis, publish a report on—
a: the environmental performance of networks and network operators, including their performance against environmental performance measures and targets; and
b: the extent to which networks are complying with applicable standards, conditions, or requirements (whether under legislation or as part of a resource consent); and
c: the extent to which network operators are avoiding, remedying, or mitigating any adverse effects on the environment arising from the operation of networks; and
d: best practices for networks, including—
i: examples of best practices; and
ii: specific risks or concerns that relate to individual performance and practices or system-wide performance and practices, or both; and
e: recommendations for any actions that might be taken to address matters raised in the report.
2: Taumata Arowai is not required to include in the report required by subsection (1) information that is required to be provided in the annual drinking water regulation report under section 137
148: Further provisions relating to reporting
1: To avoid doubt, the reporting requirements in sections 137 141 section 150
2: Taumata Arowai must give effect to the reporting duties in sections 141 147
a: separate from Taumata Arowai’s annual report; and
b: published in accordance with section 205
9: Infringement offences
149: Interpretation
In this subpart,— infringement fee section 200 infringement offence section 200
a: an offence against a provision in subpart 11 section 171 173 174
b: an offence against regulations made under this Act. 2015 No 70 s 136
150: Infringement offences
1: A person who is alleged to have committed an infringement offence may—
a: be proceeded against by the filing of a charging document under section 14
b: be issued with an infringement notice under section 151
2: Proceedings commenced in the way described in subsection (1)﻿(a) do not require the leave of a District Court Judge or Registrar under section 21(1)﻿(a)
3: See section 21 2015 No 70 s 137
151: When infringement notice may be issued
The chief executive or a compliance officer may issue an infringement notice to a person if the chief executive or compliance officer believes on reasonable grounds that the person is committing, or has committed, an infringement offence.
152: How infringement notice may be served
1: The chief executive or a compliance officer may serve an infringement notice on the person alleged to have committed an infringement offence by—
a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
c: leaving it for the person at the person’s place of business or work with another person; or
d: sending it to the person by prepaid post addressed to the person's last known place of residence or place of business or work; or
e: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.
2: Unless the contrary is shown,—
a: an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1)﻿(d) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and
b: an infringement notice sent to a valid electronic address under subsection (1)﻿(e) is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the chief executive or the compliance officer.
3: In this section, information system
153: What infringement notice must contain
1: An infringement notice must be in the form prescribed in the regulations and must contain the following particulars:
a: details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the address of the place at which the infringement fee may be paid:
d: how the infringement fee may be paid:
e: the time within which the infringement fee must be paid:
f: a summary of the provisions of section 21(10)
g: a statement that the person served with the notice has a right to request a hearing:
h: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
i: any other particulars prescribed in the regulations.
2: If an infringement notice has been issued under this section, the procedure under section 21 2015 No 70 s 138
154: Revocation of infringement notice before payment is made
1: The chief executive or a compliance officer may revoke an infringement notice issued under section 151
a: the infringement fee is paid; or
b: an order for payment of a fine is made or deemed to be made by a court under section 21
2: The chief executive or compliance officer must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.
3: The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 150(1)﻿(a) or (b) 2015 No 70 s 139
155: Payment of infringement fees
All infringement fees paid for infringement offences must be paid into a Crown Bank Account. 2015 No 70 s 140
156: Reminder notices
A reminder notice must be in the form prescribed in the regulations and must include the same particulars, or substantially the same particulars, as the infringement notice.
10: Criminal proceedings
157: Meaning of enforcement action
In this subpart, unless the context otherwise requires, enforcement action
a: the filing of a charging document by the chief executive under section 14
b: the filing of a charging document by a person other than the chief executive under section 14 2015 No 70 s 141
158: Person may notify chief executive of interest in knowing of enforcement action
1: A person may notify the chief executive in the manner determined by the chief executive that the person has an interest in knowing whether a particular incident, situation, or set of circumstances has been, is, or is to be subject to the taking of enforcement action by the chief executive or a compliance officer.
2: If the chief executive receives a notification under subsection (1), the chief executive must notify the person in writing—
a: whether any enforcement action in respect of the incident, situation, or set of circumstances has been taken; and
b: if enforcement action has not been taken, whether the chief executive or compliance officer intends to take enforcement action in respect of the incident, situation, or set of circumstances. 2015 No 70 s 142
159: Prosecutions by chief executive
Subject to section 160 2015 No 70 s 143
160: Private prosecutions
1: A person other than the chief executive may file a charging document in respect of an offence under this Act if—
a: the chief executive or a compliance officer has not taken, and does not intend to take, enforcement action against any person in respect of the same incident, situation, or set of circumstances; and
b: the person has received notification from Taumata Arowai under section 158(2)
i: has not taken enforcement action or prosecution action against any person in respect of the same incident, situation, or set of circumstances; and
ii: does not intend to take any enforcement action.
2: For the purposes of subsection (1), if enforcement action or prosecution action cannot be taken against any person in respect of the same incident, situation, or set of circumstances because the person is dead, the chief executive or compliance officer must be treated as intending to take enforcement action or prosecution action. 2015 No 70 s 144
161: Continuing or repeated matters
Nothing in this Act prevents the chief executive or another person from taking enforcement action in respect of an incident, situation, or set of circumstances, despite enforcement action having been taken in respect of that incident, situation, or set of circumstances, if the incident, situation, or set of circumstances is continuing or repeated. 2015 No 70 s 145 Limitation periods for prosecutions
162: Limitation period for prosecutions brought by chief executive
1: Despite section 25
a: within 12 months after the date on which the incident, situation, or set of circumstances to which the offence relates first became known, or ought reasonably to have become known, to the chief executive:
b: within 6 months after the date on which a coroner completes and signs a certificate of findings under section 94
c: if an enforceable undertaking has been given in relation to the offence, within 6 months after—
i: the enforceable undertaking is contravened; or
ii: it comes to the notice of the chief executive that the enforceable undertaking has been contravened; or
iii: the chief executive has agreed under section 134(1)
2: Subsection (1) is subject to section 163 2015 No 70 s 146
163: Extension of time if chief executive needs longer to decide whether to bring prosecution
1: This section applies if the chief executive considers that they will not be able to file a charging document by the end of the period specified in section 162(1)﻿(a), (b), or (c)
2: The District Court may, on application by the chief executive made before the end of the relevant period specified in section 162(1)﻿(a), (b), or (c)
3: The court must not grant an extension under subsection (2) unless it is satisfied that—
a: the chief executive reasonably requires longer than the relevant specified period to decide whether to file a charging document; and
b: the reason for requiring the longer period is that the investigation of the events and issues surrounding the alleged offence is complex or time-consuming; and
c: it is in the public interest in the circumstances that a charging document is able to be filed after the relevant specified period expires; and
d: filing the charging document after the relevant specified period expires will not unfairly prejudice the proposed defendant in defending the charge.
4: The court must give the following persons an opportunity to be heard:
a: the chief executive:
b: the proposed defendant:
c: any other person who has an interest in whether a charging document should be filed, being a person described in section 158(1) 2015 No 70 s 147
164: Certain proceedings may be brought after end of limitation period if fresh evidence discovered
Despite anything in section 162 163 subpart 11 2015 No 70 s 149 Defence for strict liability offences
165: Defence in prosecution for strict liability offence
1: This section applies in a prosecution for an offence against any section listed in the following table: The following table is small in size and has 2 columns. Column 1 is headed Section. Column 2 is headed Description. Section Description 172 Negligence in supply of unsafe drinking water 173 Offence involving contamination of raw water or drinking water 175 Negligence in failure to take immediate action when drinking water unsafe 176 Failure to notify Taumata Arowai of notifiable risk or hazard 177 Failure to provide sufficient quantity of drinking water 178 Supplying drinking water from unregistered supply 179 Providing false or misleading information 180 Failure to notify changes in details on register 181 Failure to comply with requirements relating to drinking water safety plan 182 Failure to comply with condition, direction, prohibition, or requirement 183 Failure to comply with compliance order or court order 184 Failure to keep and maintain records 185 Failure to comply with emergency directions 186 Breach of requirements relating to authorisations 187 Offences relating to planned events or unplanned supply of drinking water 188 Failure to advise consumers about, provide, and report on complaint process 192 Failure to comply with duty of due diligence
2: The defendant has a defence if the defendant proves that—
a: the commission of the offence was due to—
i: the act or omission of another person; or
ii: an accident; or
iii: some other cause outside the defendant’s control; and
b: the defendant took all reasonable precautions and exercised due diligence, as defined in section 29
3: For the purposes of this section, the court may take into account all relevant matters, including—
a: the likelihood of the hazard or risk concerned, including the risk to public health, occurring; and
b: the degree of harm that might result from the hazard or risk; and
c: what the person concerned knows, or ought reasonably to know, about—
i: the hazard or risk; and
ii: ways of eliminating or minimising the risk; and
d: the availability and suitability of ways to eliminate or minimise the risk. 2014 No 32 s 251 Liability of certain persons
166: Liability of body corporate or unincorporated body
1: This section applies when—
a: a body corporate or an unincorporated body is charged with an offence against this Act; and
b: for the purpose of the prosecution, it is necessary to establish the body corporate’s or unincorporated body’s state of mind.
2: It is sufficient to show that an officer, employee, or agent of the body corporate or unincorporated body, acting within the scope of their actual or apparent authority, had the state of mind. 2014 No 32 s 245
167: Liability of body corporate, unincorporated body, principal, or individual
1: This section applies when—
a: a body corporate or an unincorporated body is charged with an offence against this Act for an action or omission of an officer, employee, or agent:
b: a principal is charged with an offence against this Act for an action or omission of an agent:
c: an individual is charged with an offence against this Act for an action or omission of an employee or agent.
2: The action or omission is treated as also the action or omission of the body corporate, unincorporated body, principal, or individual. 2014 No 32 s 246
168: Liability of officers, employees, and agents of drinking water supplier
1: This section applies when a drinking water supplier that is a body corporate or an unincorporated body commits an offence against this Act.
2: An officer, employee, or agent of the drinking water supplier does not commit an offence against this Act, except where the officer, employee, or agent commits an offence against section 186 190 191 192
169: Liability of volunteers
1: Subsection (2) applies in a prosecution for an offence against any section listed in the following table: The following table is small in size and has 2 columns. Column 1 is headed Section. Column 2 is headed Description Section Description 172 Negligence in supply of unsafe drinking water 175 Negligence in failure to take immediate action when drinking water unsafe 177 Failure to provide sufficient quantity of drinking water 188 Failure to advise consumers about, provide, and report on complaint process 192 Failure to comply with duty of due diligence
2: A volunteer acting in that capacity may not be charged with an offence to which this subsection applies.
3: In this section, volunteer
170: Liability of elected officials
1: The following office holders, acting in that capacity, may not be charged with an offence against any section of this Act:
a: a member of a local authority, local board, or community board elected or appointed under the Local Electoral Act 2001
b: a trustee of a board of a school appointed or elected under the Education Act 1989
2: In this section,— board trustee section 92(1) community board section 49(1) local authority local board section 5(1)
11: Offences
Offences relating to supply of unsafe drinking water
171: Offence involving recklessness in supply of unsafe drinking water
1: A drinking water supplier commits an offence against this section if the supplier—
a: has a duty under—
i: section 21
ii: section 22
b: without reasonable excuse, engages in conduct that exposes any individual to whom the supplier has a duty under paragraph (a) to a serious risk of death, injury, or illness; and
c: is reckless as to the serious risk to an individual of death, injury, or illness.
2: A supplier who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a term of imprisonment not exceeding 5 years or a fine not exceeding $600,000, or both:
b: for a body corporate or an unincorporated body, to a fine not exceeding $3 million. 2015 No 70 s 47
172: Offence involving negligence in supply of unsafe drinking water
1: A drinking water supplier commits an offence against this section if—
a: the supplier has a duty under—
i: section 21
ii: section 22
b: the supplier fails to comply with that duty; and
c: that failure exposes any individual to a serious risk of death, injury, or illness.
2: A supplier who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $300,000:
b: for a body corporate or an unincorporated body, to a fine not exceeding $1.5 million. 2015 No 70 s 48
173: Offence involving contamination of raw water or drinking water
1: A person commits an offence against this section if the person does any act likely to contaminate any raw water or drinking water, knowing that the act is likely to contaminate that water, or being reckless as to the consequences of that act.
2: A person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 5 years, or to a fine not exceeding $600,000, or both. 1956 No 65 s 69ZZO Offences relating to failure to take immediate action to protect public health when drinking water unsafe
174: Offence involving recklessness in failure to take immediate action when drinking water unsafe
1: A drinking water supplier commits an offence against this section if the supplier—
a: has a duty under section 21(2)﻿(a) 22(2)﻿(a) 35(2)﻿(a)
b: without reasonable excuse, engages in conduct that exposes any individual to whom the supplier has a duty under paragraph (a) to a serious risk of death, injury, or illness; and
c: is reckless as to the serious risk to an individual of death, injury, or illness.
2: A supplier who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a term of imprisonment not exceeding 5 years or a fine not exceeding $600,000, or both:
b: for a body corporate or an unincorporated body, to a fine not exceeding $3 million.
175: Offence involving negligence in failure to take immediate action when drinking water unsafe
1: A drinking water supplier commits an offence against this section if—
a: the supplier has a duty under section 21(2)﻿(a) 22(2)﻿(a) 35(2)﻿(a)
b: the supplier fails to comply with that duty; and
c: that failure exposes any individual to a serious risk of death, injury, or illness.
2: A supplier who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $300,000:
b: for a body corporate or an unincorporated body, to a fine not exceeding $1.5 million. Offence relating to duty to notify notifiable risk or hazard
176: Offence involving failure to notify Taumata Arowai of notifiable risk or hazard
1: A drinking water supplier commits an offence against this section if the supplier—
a: has a duty under section 35(2)﻿(b)
b: fails to comply with that duty.
2: A supplier who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000:
b: for a body corporate or an unincorporated body, to a fine not exceeding $200,000. Offence relating to duty to provide sufficient quantity of drinking water
177: Offence involving failure to provide sufficient quantity of drinking water
1: A drinking water supplier commits an offence against this section if the supplier—
a: has a duty under section 25
b: fails to comply with that duty.
2: A supplier who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000; and
b: for a body corporate or an unincorporated body, to a fine not exceeding $200,000. Offences relating to duty to register drinking water supply
178: Offence involving supply of drinking water from unregistered supply
1: A person commits an offence against this section if the person—
a: has a duty under section 23(2)
b: supplies drinking water from a drinking water supply that is not registered under that section.
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000; and
b: for a body corporate or an unincorporated body, to a fine not exceeding $200,000.
179: Offence involving provision of false or misleading information
1: A drinking water supplier commits an offence against this section if the supplier—
a: provides information in an application to register, or renew the registration of, a drinking water supply knowing that the information is false or misleading, or omits from the application any information that the person ought reasonably to have known and included in the application; or
b: provides information in a drinking water safety plan knowing that the information is false or misleading, or omits from the plan any information that the person ought reasonably to have known and included in the plan; or
c: makes any false or misleading statement or any material omission in any information, document, record, communication, or return for any purpose of this Act; or
d: destroys, cancels, conceals, alters, obliterates, or fails to provide any information, document, record, communication, or return that is required to be kept or communicated for any purpose of this Act; or
e: falsifies, removes, suppresses, or tampers with any samples, test procedures, test results, or evidence that is required for any purpose of this Act, including as part of the operation of a drinking water supply.
2: A supplier who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000:
b: for a body corporate or an unincorporated body, to a fine not exceeding $250,000.
180: Offence involving failure to notify changes in details on register
1: A drinking water supplier commits an offence against this section if the supplier—
a: has a duty under section 56(3)
b: fails to comply with that duty.
2: A supplier who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000:
b: for a body corporate or an unincorporated body, to a fine not exceeding $250,000. Offence relating to drinking water safety plans
181: Offence involving drinking water safety plan
1: A drinking water supplier commits an offence against this section if the supplier—
a: has a duty under—
i: section 30
ii: section 58
b: fails to comply with that condition or duty.
2: A supplier who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000; and
b: for a body corporate or an unincorporated body, to a fine not exceeding $200,000. Offences relating to exemptions, directions, and compliance orders
182: Offence involving failure to comply with condition or direction
1: A drinking water supplier commits an offence against this section if the supplier fails to comply with—
a: a condition that applies to an exemption under section 57
b: a direction issued by a compliance officer under section 104
2: A supplier who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $25,000; and
b: for a body corporate or an unincorporated body, to a fine not exceeding $100,000.
183: Offence involving failure to comply with compliance order or court order
1: A person commits an offence against this section if the person fails to comply with the terms of a compliance order issued under section 120
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $75,000:
b: for a body corporate or an unincorporated body, to a fine not exceeding $300,000. Offence involving failure to keep and maintain records
184: Offence involving failure to keep and maintain records
1: A drinking water supplier commits an offence against this section if the supplier fails to keep and maintain records in accordance with section 37
2: A supplier who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000:
b: for a body corporate or an unincorporated body, to a fine not exceeding $200,000. Offence involving failure to comply with emergency directions
185: Offence involving failure to comply with emergency directions or conditions
1: A person commits an offence against this section if the person fails to comply with—
a: a direction, prohibition, or requirement issued by Taumata Arowai under section 62
b: a condition of an exemption issued by Taumata Arowai under section 63
c: a direction issued by a compliance officer under section 105
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000:
b: for a body corporate or an unincorporated body, to a fine not exceeding $200,000. Offence relating to authorisations
186: Offence involving breach of requirements relating to authorisations
1: A person commits an offence against this section if the person fails to comply with a requirement under section 68 69 70 71 section 200 section 72
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000:
b: for a body corporate or an unincorporated body, to a fine not exceeding $100,000. Offence relating to planned events or unplanned supply of drinking water
187: Offence relating to planned events or unplanned supply of drinking water
1: A person commits an offence against this section if the person—
a: fails to register a temporary drinking water supply arrangement under section 33(2)﻿(b)
b: fails to comply with the requirements of a temporary drinking water safety plan or any conditions imposed by Taumata Arowai under section 33(5)
c: fails to immediately notify Taumata Arowai of a temporary drinking water supply arrangement under section 34(3)﻿(b)
d: fails to register a drinking water supply in accordance with section 34(4)
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000:
b: for a body corporate or an unincorporated body, to a fine not exceeding $200,000. Offence relating to consumer complaints
188: Offence involving failure to advise consumers about, provide, and report on complaint process
1: A drinking water supplier commits an offence against this section if the supplier fails,—
a: in accordance with regulations that apply to the supplier,—
i: to comply with the duty under section 38(1)﻿(a)
ii: to comply with the duty under section 38(1)﻿(b)
iii: to comply with the duty under section 38(1)﻿(c)
b: to comply with the duty under section 38(2)
2: A supplier who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $10,000:
b: for a body corporate or an unincorporated body, to a fine not exceeding $200,000. Offences relating to duties associated with administration of Act
189: Offence involving hindering or obstructing Taumata Arowai
1: A person commits an offence against this section if the person intentionally hinders or obstructs an employee or agent of Taumata Arowai who is performing a function or duty, or exercising a power, under this Act.
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $10,000:
b: for an individual who is a drinking water supplier, to a fine not exceeding $75,000:
c: for a body corporate or an unincorporated body that is a drinking water supplier, to a fine not exceeding $250,000. 2014 No 32 s 235
190: Offence involving threatening or assaulting employee or agent of Taumata Arowai
1: A person commits an offence against this section if the person intentionally threatens or assaults an employee or agent of Taumata Arowai who is performing a function or duty, or exercising a power, under this Act.
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000:
b: for an individual who is a drinking water supplier, to a fine not exceeding $75,000:
c: for a body corporate or an unincorporated body that is a drinking water supplier, to a fine not exceeding $250,000. 2014 No 32 s 236
191: Offence involving deception by pretending to be employee or agent of Taumata Arowai, or authorised person
1: A person commits an offence if, with intent to deceive, the person pretends to be—
a: an employee or agent of Taumata Arowai; or
b: a person who has been authorised under regulations made under section 200 section 72
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000:
b: for an individual who is a drinking water supplier, to a fine not exceeding $75,000:
c: for a body corporate or an unincorporated body that is a drinking water supplier, to a fine not exceeding $250,000. 2014 No 32 s 237
192: Offence for failing to comply with duty of due diligence
1: A person commits an offence against this section if the person—
a: has a duty under section 29
b: fails to comply with that duty.
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: for an individual who is an employee or an agent of a drinking water supplier, to a fine not exceeding $50,000:
b: for an individual who is an officer of a drinking water supplier, to a fine not exceeding $100,000.
3: An officer, employee, or agent of a drinking water supplier may be convicted or found guilty of an offence against this section whether or not the drinking water supplier has been convicted or found guilty of an offence against a provision to which the duty under section 29 2015 No 70 ss 49 50
12: Sentencing for offences
193: Application of subpart
This subpart applies if a court convicts a person (an offender 2015 No 70 s 150
194: Sentencing criteria
1: This section applies when a court is determining how to sentence or otherwise deal with an offender convicted of an offence against subpart 11
2: The court must apply the Sentencing Act 2002
a: sections 7 to 10
b: the risk of, and the potential for, illness, injury, or death that could have occurred; and
c: whether death, serious injury, or serious illness occurred or could reasonably have been expected to have occurred; and
d: the compliance record of the person (including, without limitation, any warning, direction, infringement notice, or compliance order issued to the person or enforceable undertaking agreed to by the person) to the extent that it shows whether any aggravating factor is present; and
e: the degree of departure from prevailing standards in the person's sector or industry as an aggravating factor. 2015 No 70 s 151
195: Order for payment of chief executive's costs in bringing prosecution
1: On the application of the chief executive, the court may order the offender to pay to the chief executive a sum that it thinks just and reasonable towards the costs of the prosecution (including the costs of investigating the offending and any associated costs).
2: If the court makes an order under subsection (1), it must not make an order under section 4
3: If the court makes an order under subsection (1) in respect of a Crown organisation, any costs and fees awarded must be paid from the funds of that organisation. 2015 No 70 s 152
196: Release on giving of court-ordered enforceable undertaking
1: The court may (with or without recording a conviction) adjourn a proceeding for up to 2 years and make an order for the release of the offender if the offender gives an undertaking with specified conditions (a court-ordered enforceable undertaking
2: A court-ordered enforceable undertaking must specify the following conditions:
a: that the offender appears before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned:
b: that the offender does not commit, during the period of the adjournment, any offence against this Act:
c: that the offender observes any special conditions imposed by the court.
3: An offender who has given a court-ordered enforceable undertaking under this section may be called on to appear before the court by order of the court.
4: An order under subsection (3) must be served on the offender not less than 4 days before the time specified in it for the appearance.
5: If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the court-ordered enforceable undertaking, it must discharge the offender without any further hearing of the proceeding.
6: Taumata Arowai must make available to the public, on an Internet site maintained by or on behalf of Taumata Arowai, notice of a court-ordered enforceable undertaking made in accordance with subsection (1), unless the court orders otherwise. 2015 No 70 s 156
197: Injunctions
If a court finds a person guilty of an offence against this Act, the court may issue an injunction requiring the offender to cease any particular conduct or action that constitutes a contravention of this Act or regulations. 2015 No 70 s 157
198: Supervision and training orders
1: The court may make an order requiring an offender to work under supervision for a period that the court specifies in the order.
2: The court may make an order requiring an offender to undertake, or arrange for 1 or more employees to undertake, a specified course of training. 2015 No 70 s 158
199: Restriction or prohibition
1: The court may make—
a: a restriction order, which specifies the ways in which the person is restricted in operating a drinking water supply; or
b: a prohibition order, which prohibits the person from operating a drinking water supply or specified aspects of the supply.
2: The following provisions apply if the person wants a restriction order or prohibition order cancelled:
a: the person may apply to the court to cancel it:
b: the application must be served on the chief executive:
c: an employee or agent of Taumata Arowai may appear and be heard to help the court to determine whether to grant the application.
3: The court may—
a: cancel the order from the date stated in the order; or
b: change the order from the date stated in the order; or
c: change a prohibition order to a restriction order; or
d: refuse the application, in which case the court may specify the earliest date on which the person may make a further application for cancellation.
4: The court must take into account—
a: the nature of the offence of which the person was convicted; and
b: the steps taken (if any) to remedy the problem that resulted in the order; and
c: the person’s conduct since the order was made; and
d: the person’s character; and
e: any other circumstances of the case.
5: If the court changes the order or refuses the application, the person may apply for cancellation again—
a: once the date that the court specified under subsection (3)﻿(d) has passed; or
b: once there has been a material change in the person’s circumstances. 2014 No 32 s 273
4: Miscellaneous provisions
200: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing the information that drinking water suppliers, or classes of drinking water supplier, must provide to consumers, including—
i: the legislative requirements that apply to a supplier’s drinking water supply; and
ii: whether drinking water that is supplied by a supplier meets those legislative requirements; and
iii: how a consumer may make a complaint to a drinking water supplier; and
iv: the form in which information must be provided to consumers, and its frequency:
b: prescribing requirements relating to consumer complaints that drinking water suppliers, or classes of drinking water supplier, must meet, including requirements for—
i: the investigation of consumer complaints; and
ii: the time frame for decisions on consumer complaints; and
iii: notification of decisions on complaints, including any action that was taken to resolve the matters that gave rise to the complaint; and
iv: records that must be kept by drinking water suppliers about consumer complaints:
c: prescribing requirements for annual reporting about consumer complaints to Taumata Arowai by drinking water suppliers, or classes of drinking water supplier, including—
i: the number of complaints that have been received; and
ii: the outcome of complaints, including any action taken:
d: prescribing matters relating to identity cards:
e: prescribing the time frame, and form and manner, in which information required to be provided to Taumata Arowai under this Act must be provided:
f: prescribing fees or charges for doing any act or providing any service for the purposes of this Act or regulations:
g: identifying the offences in or under this Act that are infringement offences, including offences for the breach of or failure to comply with a specified provision, direction, condition, notice, or requirement:
h: prescribing infringement notices, infringement reminder notices, and infringement forms of any other kind:
i: prescribing the amounts, up to a maximum of $1,000 for an individual and $3,000 for a body corporate or an unincorporated body, of infringement fees that are payable for infringement offences, including different fees for a first offence, a second offence, and subsequent offences:
j: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations made under subsection (1)﻿(f) may—
a: specify the amount of the fees or charges, or a method of calculating or ascertaining the amount of the fees or charges; and
b: prescribe different fees and charges for different classes of person; and
c: prescribe the manner in which fees or changes must be calculated; and
d: prescribe the circumstances and way in which fees or charges can be refunded, waived, or reduced.
3: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
201: Levy
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing a levy for the purpose of recovering any or all of the costs of Taumata Arowai that relate to the performance or exercise of its functions, powers, and duties under this Act or any other enactment that is payable by 1 or more of the following:
a: drinking water suppliers:
b: wastewater network operators:
c: stormwater network operators.
2: Before making a recommendation under subsection (1), the Minister must—
a: determine the costs of Taumata Arowai, including the costs of collecting the levy, to be covered by the levy; and
b: request, and have regard to, advice from Taumata Arowai on the proposed levy; and
c: consult the persons listed in subsection (1) who will be affected by the levy.
2A: Before making a recommendation under subsection (1) during the establishment period (as defined in clause 1
a: water services entities established under section 11
b: their territorial authority owners (as defined in section 6
2B: Subsection (2A) and this subsection are repealed on the establishment date (as defined in clause 1
3: Regulations made under this section must—
a: specify the amount of the levy, or method of calculating or ascertaining the amount of the levy; and
b: provide for the payment and collection of the levy; and
c: specify the financial year or part financial year to which the levy applies.
4: Regulations made under this section may—
a: specify the criteria or other requirements for setting or resetting the levy; and
b: prescribe different levies for different classes of person; and
c: prescribe the circumstances and the way in which the levy, or any part of the levy, can be refunded or waived.
5: Taumata Arowai—
a: must ensure that each levy payment received under the regulations is separately accounted for; and
b: may, but need not, pay each such payment into a Crown Bank Account.
6: Regulations made under this section are secondary legislation ( see Part 3 2015 No 70 s 215 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 201(2A) inserted 15 December 2022 section 237(1) Water Services Entities Act 2022 Section 201(2B) inserted 15 December 2022 section 237(1) Water Services Entities Act 2022 Section 201(5) replaced 15 December 2022 section 237(2) Water Services Entities Act 2022
202: Recovery of fees and levies
Taumata Arowai may recover any fee or levy payable to Taumata Arowai in any court of competent jurisdiction as a debt due on behalf of the Crown.
203: Delegations
1: The chief executive may delegate any of the chief executive’s functions or powers under this Act to any employee of Taumata Arowai.
2: A person to whom any functions or powers are delegated may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation (subject to any general or special directions given or conditions imposed by the chief executive).
3: A delegation under this section—
a: must be in writing signed by the chief executive; and
b: is revocable at will in writing signed by the chief executive.
4: A person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
5: A delegation does not prevent the chief executive from performing any function or exercising any power or affect the chief executive’s responsibility for the actions of any person acting under the delegation.
6: If the chief executive ceases to hold office, the delegation continues to have effect as if it were made by the chief executive’s successor in office.
7: The chief executive must not delegate the power of delegation under this section.
204: Information sharing with regulatory agencies
1: Subject to any enactment,—
a: Taumata Arowai may provide a regulatory agency with any information, or a copy of any document, that it—
i: holds in relation to the performance or exercise of its functions, duties, or powers; and
ii: considers may assist the regulatory agency in the performance or exercise of the regulatory agency’s functions, duties, or powers; and
b: a regulatory agency may provide Taumata Arowai with any information, or a copy of any document, that it—
i: holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to any enactment; and
ii: considers may assist Taumata Arowai in the performance or exercise of its functions, duties, or powers.
2: If subsection (1)﻿(a) or (b) applies, Taumata Arowai or the regulatory agency (as the case may be) may impose conditions that it thinks fit relating to the provision of the information or document, including conditions relating to—
a: the storage and use of, or access to, anything provided:
b: the copying, returning, or disposing of copies of any documents provided.
3: Nothing in subsection (2) limits the Privacy Act 2020
4: This section applies despite anything to the contrary in any contract, deed, or document.
5: In this section,— agency
a: a department or departmental agency (within the meaning of section 5
b: a Crown entity (within the meaning of section 7 regulatory agency
a: the New Zealand Police:
b: the New Zealand Transport Agency:
c: the Commerce Commission:
d: the Department of Internal Affairs, including any statutory officer who carries out work for that business or undertaking:
e: the Environmental Protection Authority:
f: Fire and Emergency New Zealand:
g: a medical officer of health:
h: the Ministry for the Environment, including any statutory officer who carries out work for that business or undertaking:
i: the Ministry of Health:
j: the Ministry of Business, Innovation, and Employment, including any statutory officer who carries out work for that business or undertaking:
k: the Ministry for Primary Industries:
l: a local authority:
m: an agency prescribed by Taumata Arowai by notice.
6: A notice made under this section is secondary legislation ( see Part 3 2015 No 70 s 197 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	publish it on an Internet site maintained by, or on behalf of, Taumata Arowai Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
205: Publication of instruments
1: Taumata Arowai must ensure that the following instruments are published in accordance with subsection (2):
a: templates and models:
b: environmental performance measures or targets for networks developed under section 145
2: The instruments must be—
a: publicly available free of charge on an Internet site maintained by or on behalf of Taumata Arowai; and
b: available for purchase at a reasonable price at the offices of Taumata Arowai.
206: Amendments and revocation
1: Amend the Acts specified in Part 1
2: Amend the instruments specified in Part 2
3: Revoke the instrument specified in Part 3 OIC SL 2021/354 2021-11-15 Building Act 2004 Civil Defence Emergency Management Act 2002 Gore District Council (Otama Rural Water Supply) Act 2019 Health Act 1956 Local Government Official Information and Meetings Act 1987 Ombudsmen Act 1975 Resource Management Act 1991 Search and Surveillance Act 2012 Taumata Arowai–the Water Services Regulator Act 2020 Urban Development Act 2020 Building Regulations 1992 Camping-Grounds Regulations 1985 Corrections Regulations 2005 Education (Hostels) Regulations 2005 Food Regulations 2015 Housing Improvement Regulations 1947 Medicines Regulations 1984 Resource Management (National Environmental Standards for Sources of Human Drinking Water) Regulations 2007 Health (Deferral of General Application of Sections 69S to 69ZC) Order 2009 See section 2(1)﻿(a) — section 206 brought into force.
5: Amendments to Local Government Act 2002
207: Amendments to Local Government Act 2002
This Part amends the Local Government Act 2002 OIC SL 2021/354 2021-11-15 Local Government Act 2002 See section 2(1)﻿(a) — section 207 brought into force.
208: Subpart 1 of Part 7 replaced
In Part 7, replace subpart 1
1: Specific obligations to make assessments of drinking water, wastewater, and sanitary services and to ensure communities have access to safe drinking water
124: Interpretation
In this Part,— assessment
a: in relation to drinking water,—
i: means an assessment of drinking water services available to communities in the district of the territorial authority, including private and community-owned or community-operated drinking water supplies; but
ii: does not include assessments in relation to domestic self-suppliers; and
b: in relation to wastewater and other sanitary services,—
i: means an assessment of wastewater services and other sanitary services available to communities in the district of the territorial authority; but
ii: does not include assessments in relation to individual properties domestic self-supplier section 10 Water Services Act 2021 drinking water section 6 Water Services Act 2021 drinking water services local government organisation point of supply section 13 Water Services Act 2021 sanitary services sufficient quantity section 25 Water Services Act 2021 Taumata Arowai section 8 Taumata Arowai–the Water Services Regulator Act 2020 wastewater services
125: Requirement to assess drinking water services
1: A territorial authority must inform itself about the access that each community in its district has to drinking water services by undertaking an assessment of drinking water services in accordance with this section.
2: An assessment of drinking water services must—
a: identify each community that receives a drinking water service; and
b: describe the nature of existing drinking water services to the community; and
c: describe the characteristics of the community; and
d: assess the extent to which the community is currently receiving, and will continue to receive, a sufficient quantity of drinking water, including a consideration of—
i: the community’s existing access to drinking water services; and
ii: any reasonably foreseeable risks to the community’s access to drinking water services in the future; and
iii: the current and estimated future demands for drinking water services within the community; and
e: describe the safety and quality of drinking water currently being supplied to the community, using information collected and made available by Taumata Arowai and any other organisations that the territorial authority considers relevant; and
f: identify and assess any other public health risks relating to the drinking water services supplied to the community; and
g: include an assessment of wastewater and sanitary services in accordance with section 128
h: based on the assessment under paragraphs (b) to (g)
i: assess the consequences if the community loses access to drinking water services in the future, or is provided with drinking water services that are deficient in any way, including the implications for that community’s public health; and
ii: outline a plan to provide for the community’s ongoing access to drinking water services.
3: A territorial authority must conduct an assessment of drinking water services under subsection (2)
a: at least once every 3 years, which may be carried out when other assessments are carried out or at different times; or
b: at an earlier date than required by paragraph (a)
4: A territorial authority must provide opportunities for any person to alert the territorial authority at any time to concerns about a community’s access to drinking water services.
5: For the purposes of this section,—
a: references to assessments include—
i: assessing a service for the first time; and
ii: reviewing and updating an existing assessment:
b: the scope of each assessment must include—
i: communities that receive drinking water services from the territorial authority or other local government organisation; and
ii: communities that do not receive drinking water services from the territorial authority or other local government organisation; and
iii: all types of water supply arrangements, including communities (and households within those communities) that do not receive drinking water services supplied by network reticulation:
c: territorial authorities need not consider within an assessment drinking water services that are owned or operated by the Crown:
d: an assessment may be carried out by the territorial authority, or undertaken on its behalf (whether in whole or in part) by another appropriate organisation, including an iwi or Māori organisation.
126: Requirements following assessment of community drinking water service
1: On completion of an assessment of a community drinking water service, a territorial authority must—
a: make the assessment available to the public on an Internet site maintained by or on behalf of the territorial authority; and
b: provide Taumata Arowai with a copy of the assessment in electronic form.
2: A territorial authority must also notify Taumata Arowai about—
a: any suppliers of drinking water services that are, or appear to be, failing to meet the supplier’s statutory obligations or are at risk of doing so; and
b: any other matters of concern arising from the assessment, including potential risks to communities affected by the assessment that relate to—
i: any absence of, or deficiency in, a drinking water service; or
ii: a drinking water supplier that is at risk of ceasing to provide a service.
3: A territorial authority must also consider the findings and implications of the assessment in relation to—
a: the territorial authority’s current and future infrastructure strategy and long-term plan; and
b: the territorial authority’s district plan prepared under the Resource Management Act 1991; and
c: the territorial authority’s broader duty to improve, promote, and protect public health within its district in accordance with section 23 of the Health Act 1956.
127: Duty to ensure communities have access to drinking water if existing suppliers facing significant problems
1: Subsection (2)
a: a territorial authority’s or Taumata Arowai’s assessment of a drinking water supply is that the supplier (not being the territorial authority) is facing a significant problem or potential problem with any of its drinking water services, and the territorial authority has notified Taumata Arowai of those concerns and discussed them with Taumata Arowai; or
b: Taumata Arowai requires the territorial authority to take action under subsection (2)
2: If this subsection applies, a territorial authority must—
a: work collaboratively with the supplier, the consumers of the supply, and Taumata Arowai to identify, as the circumstances allow and within a time frame determined by Taumata Arowai, 1 or more of the following:
i: an immediate solution to the problem:
ii: a temporary solution to the problem:
iii: a long-term, permanent solution to the problem; and
b: ensure that drinking water is provided to the affected consumers, on a temporary or permanent basis, if—
i: the supplier is unable to continue to provide a service that meets the statutory requirements; and
ii: an alternative solution is not readily available, or cannot be agreed by the parties involved within the time frame determined by Taumata Arowai.
3: For the purposes of this section,—
a: a significant problem or potential problem
i: a drinking water supplier has persistently failed to comply with legislative requirements; or
ii: there is a serious risk to public health relating to the drinking water services provided by a drinking water supplier; or
iii: a drinking water supplier has ceased to operate a drinking water service, or is, in Taumata Arowai’s opinion, at significant risk of ceasing to operate a service:
b: if a territorial authority is obliged to ensure access to drinking water, the territorial authority may consider a range of options to fulfil its obligation, including—
i: taking over the management and operations of the drinking water service, on a temporary or permanent basis:
ii: ensuring drinking water continues to be provided through alternative supply arrangements:
c: nothing in paragraph (b)
d: if a territorial authority takes over the management and operations of a drinking water service on a permanent basis, the territorial authority, Taumata Arowai, the former supplier, and (if relevant) the affected consumers must work together to determine how to deal with—
i: any assets and liabilities that may relate to the service; and
ii: any legal or other issues that may affect the territorial authority’s ability to manage and operate the service, such as access to the land on, or beneath which, assets are situated; and
iii: how the territorial authority might be compensated for the costs incurred in taking over responsibility for the service:
e: a territorial authority may charge for any drinking water services that are provided to affected consumers, and may recover its costs from the previous supplier, but, when making decisions about future charges and funding arrangements, the territorial authority must—
i: take reasonable steps to ascertain and consider the financial circumstances facing the affected consumers; and
ii: consider the range of funding sources provided for in its revenue and financing policy, including the potential use of general rates; and
iii: on request, demonstrate that it has considered those factors.
4: See also subpart 12 of Part 2 Water Services Act 2021
128: Requirement to assess wastewater and other sanitary services
1: A territorial authority must assess the provision within its district of—
a: wastewater services; and
b: other sanitary services.
2: The purpose of an assessment under subsection (1)
a: the health risks to communities arising from any absence of, or deficiency in, the services; and
b: the quality of the services currently available to communities within the district; and
c: the current and estimated future demands for any of those services; and
d: the actual or potential consequences of stormwater and sewage discharges within the district.
3: One type of service may be assessed in conjunction with another type of service.
209: Section 130 amended (Obligation to maintain water services)
In section 130(3)﻿(d)﻿(ii) section 69S of the Health Act 1956 section 25 Water Services Act 2021
210: Section 131 amended (Power to close down or transfer small water services)
In section 131(2)﻿(b) and (c)﻿(i) ; and or Taumata Arowai; and
211: Section 146 amended (Specific bylaw-making powers of territorial authorities)
In section 146
2: If a territorial authority makes bylaws under section 145 or subsection (1) section 5 Water Services Act 2021 section 138
3: Subsection (2) section 211 Water Services Act 2021
212: Schedule 1AA amended
In Schedule 1AA, after Part 4
5: Provisions relating to Water Services Act 2021
23: Requirements in subpart 1 of Part 7
Despite section 125(3) section 125
213: Schedule 10 amended
In Schedule 10, replace clause 6(a)
a: assessment of drinking water, wastewater, and other sanitary services under sections 125 and 128