Taumata Arowai–the Water Services Regulator Act 2020

1: Title
This Act is the Taumata Arowai–the Water Services Regulator Act 2020.
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 15-month anniversary of the date of Royal assent.
2: One or more Orders in Council may be made appointing different dates for different provisions.
3: An order 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 1 March 2021 clause 2 Taumata Arowai–the Water Services Regulator Act Commencement Order 2021 Section 2(1)﻿(a) brought into force 15 November 2021 clause 2 Taumata Arowai–the Water Services Regulator Act Commencement Order (No 2) 2021 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Purpose
The purpose of this Act is to establish Taumata Arowai–the Water Services Regulator and provide for its objectives, functions, and governance arrangements.
4: Interpretation
In this Act, unless the context otherwise requires,— board council-controlled organisation section 6 domestic dwelling section 10 domestic self-supplier section 10 drinking water section 6 drinking water network drinking water supply section 9 drinking water supplier section 8 Māori Advisory Group section 14 premises residential premises section 2 responsible Minister 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 listed in Part 1
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) Taumata Arowai section 8 Te Mana o te Wai
a: has the meaning set out in the National Policy Statement for Freshwater Management issued in 2020 under section 52 see also sections 5 10 17 18
b: applies, for the purposes of this Act, to water (as that term is defined in section 2(1) 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 listed in Part 1
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 Section 4 domestic dwelling replaced 15 November 2021 section 206(1) Water Services Act 2021 Section 4 domestic self-supplier replaced 15 November 2021 section 206(1) Water Services Act 2021 Section 4 drinking water replaced 15 November 2021 section 206(1) Water Services Act 2021 Section 4 drinking water network inserted 15 November 2021 section 206(1) Water Services Act 2021 Section 4 drinking water supplier replaced 15 November 2021 section 206(1) Water Services Act 2021 Section 4 stormwater network replaced 15 November 2021 section 206(1) Water Services Act 2021 Section 4 stormwater network operator replaced 15 November 2021 section 206(1) Water Services Act 2021 Section 4 Te Mana o te Wai replaced 15 December 2022 section 234 Water Services Entities Act 2022 Section 4 wastewater network replaced 15 November 2021 section 206(1) Water Services Act 2021 Section 4 wastewater network operator replaced 15 November 2021 section 206(1) Water Services Act 2021
5: Māori interests
In order to recognise and respect the Crown’s responsibility to consider and provide for Māori interests,—
a: section 10
b: section 12
i: the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles; and
ii: perspectives of Māori and tikanga Māori:
c: section 14
d: section 17(1) and (2)
i: developing and maintaining a framework on how to interpret and give effect to Te Mana o te Wai; and
ii: providing advice on how to enable mātauranga Māori, tikanga Māori, and kaitiakitanga to be exercised:
e: section 17(3)
i: have regard to the advice of the Māori Advisory Group; and
ii: demonstrate in its annual report how it has had regard to this advice:
f: section 18
i: building and maintaining credibility and integrity, so that Taumata Arowai is trusted by Māori (among others); and
ii: partnering and engaging early and meaningfully with Māori, including to inform how Taumata Arowai can—
A: give effect to Te Mana o te Wai; and
B: understand, support, and enable the exercise of mātauranga Māori and tikanga Māori and kaitiakitanga:
g: section 19
i: to uphold the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles; and
ii: to engage with Māori and to understand perspectives of Māori.
6: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
7: Act binds the Crown
This Act binds the Crown.
2: Establishment of Taumata Arowai–the Water Services Regulator, board, and Māori Advisory Group
1: Establishment, objectives, and functions of Taumata Arowai
8: Taumata Arowai–the Water Services Regulator established
This section establishes Taumata Arowai–the Water Services Regulator.
9: Taumata Arowai is Crown entity
1: Taumata Arowai is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004
10: Objectives of Taumata Arowai
Taumata Arowai’s objectives are to—
a: protect and promote drinking water safety and related public health outcomes; and
b: effectively administer the drinking water regulatory system; and
c: build and maintain capability among drinking water suppliers and across the wider industry; and
d: give effect to Te Mana o te Wai, to the extent that Te Mana o te Wai applies to the functions and duties of Taumata Arowai; and
e: provide oversight of, and advice on, the regulation, management, and environmental performance of drinking water, wastewater, and stormwater networks
f: promote public understanding of the environmental performance of drinking water, wastewater, and stormwater networks Section 10(e) amended 15 November 2021 section 206(1) Water Services Act 2021 Section 10(f) amended 15 November 2021 section 206(1) Water Services Act 2021
11: Functions of Taumata Arowai
1: Taumata Arowai’s general functions are to—
a: provide national-level oversight, leadership, communication, and co-ordination in relation to—
i: drinking water safety and regulation, including the management of risks to sources of drinking water; and
ii: the environmental performance, management, and regulation of drinking water, wastewater, and stormwater networks
b: identify and monitor matters that affect the safety of drinking water, and the environmental performance of drinking water, wastewater, and stormwater networks
c: develop and consult on draft standards and compliance rules that relate to drinking water composition and develop other regulatory requirements and measures necessary to fulfil its responsibilities under this or any other enactment; and
d: provide oversight of, and information to central and local government in relation to,—
i: the development, operation, and effectiveness of standards, regulations, and other statutory requirements for wastewater and stormwater; and
ii: compliance with, monitoring of, and enforcement of standards, regulations, and other statutory requirements affecting wastewater networks, stormwater networks, wastewater network operators, and stormwater network operators; and
e:
f: facilitate, promote, or support research, education, and training, to support drinking water safety and regulation, the management of risks to sources of drinking water, and the environmental performance, management, and regulation of drinking water, wastewater, and stormwater networks
g: build and maintain the capability of drinking water suppliers to fulfil their regulatory responsibilities; and
h: provide guidance, advice, or information on matters that relate to drinking water safety and regulation, the management of risks to sources of drinking water, and the environmental performance, management, and regulation of drinking water, wastewater, and stormwater networks
i: identify, prepare, or promote national guidelines and best
i: drinking water; and
ii: wastewater networks, stormwater networks, wastewater network operators, and stormwater network operators; and
j: perform or exercise the functions, duties, and powers conferred or imposed on it by this Act or any other enactment; and
k: perform any other functions or activities that are consistent with its objectives and that Taumata Arowai considers are necessary or desirable to enable the achievement of those objectives, except functions or activities performed by any central government agency or another regulator; and
l: perform any other functions relevant to its objectives that the responsible Minister directs in accordance with section 112
2: The chief executive’s statutorily independent functions are to—
a: monitor and enforce compliance with relevant drinking water legislation and standards, and other regulatory requirements for which Taumata Arowai has responsibility; and
b: grant exemptions under the Water Services Act 2021
c: if a drinking water supplier is not properly performing the supplier’s functions or duties under an enactment that relates to drinking water, appoint, or require the drinking water supplier to appoint, an alternative operator of the supplier’s drinking water supply. Section 11(1)﻿(a)﻿(ii) amended 15 November 2021 section 206(1) Water Services Act 2021 Section 11(1)﻿(b) amended 15 November 2021 section 206(1) Water Services Act 2021 Section 11(1)﻿(e) repealed 15 November 2021 section 206(1) Water Services Act 2021 Section 11(1)﻿(f) amended 15 November 2021 section 206(1) Water Services Act 2021 Section 11(1)﻿(h) amended 15 November 2021 section 206(1) Water Services Act 2021 Section 11(1)﻿(i) amended 15 November 2021 section 206(1) Water Services Act 2021 Section 11(2) inserted 15 November 2021 section 206(1) Water Services Act 2021
2: Board of Taumata Arowai, and Māori Advisory Group
Board
12: Board
1: The board consists of not fewer than 5, and not more than 7, members.
2: The responsible Minister must appoint members to the board who, collectively, have knowledge and experience of, and capability in,—
a: the compliance, monitoring, and enforcement activities of regulatory agencies; and
b: public health, particularly in relation to the objectives and functions of Taumata Arowai; and
c: the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles; and
d: perspectives of Māori and tikanga Māori; and
e: performance monitoring and governance.
13: Board’s power to delegate
The board may delegate any of its functions or powers in accordance with section 73 Māori Advisory Group
14: Māori Advisory Group established
1: This section establishes the Māori Advisory Group.
2: The Māori Advisory Group consists of not fewer than 5, and not more than 7, members.
15: Appointment of members of Māori Advisory Group
1: The responsible Minister must appoint members to the Māori Advisory Group.
2: The responsible Minister must consult the Ministers with portfolio responsibilities that relate to Māori Development and Māori Crown Relations before making any appointments.
3: The responsible Minister must appoint 1 of the members as chairperson of the Māori Advisory Group.
4: The responsible Minister must appoint only persons who, in the responsible Minister’s opinion, have the appropriate knowledge, skills, and experience to assist the Māori Advisory Group to perform its role ( see section 17
16: Further provisions relating to Māori Advisory Group
1: The following provisions of the Crown Entities Act 2004
a: section 28
b: section 30
c: section 31
d: section 32
e: section 35
f: section 36
g: section 41
h: section 43
i: section 44
j: section 45
2: The members are entitled to—
a: receive remuneration, in accordance with the fees framework; and
b: be reimbursed for actual and reasonable travelling expenses incurred in carrying out their roles as members.
17: Role of Māori Advisory Group
1: The role of the Māori Advisory Group is to advise the board and Taumata Arowai on Māori interests and knowledge, as they relate to the objectives, functions, and operating principles of Taumata Arowai and the collective duties of the board.
2: That role includes—
a: developing and maintaining a framework that provides advice and guidance for Taumata Arowai on how to interpret and give effect to Te Mana o te Wai; and
b: providing advice on how to enable mātauranga Māori, tikanga Māori, and kaitiakitanga to be exercised; and
c: any other matters requested by the board.
3: The board must—
a: have regard to the advice of the Māori Advisory Group; and
b: demonstrate how it has had regard to that advice in Taumata Arowai’s annual report (prepared under section 150
i: information on the situations in which it did not act on the advice; and
ii: the reasons for that; and
iii: the alternative actions that were taken, if any; and
c: provide the Māori Advisory Group with an opportunity to include commentary in Taumata Arowai’s annual report on the Māori Advisory Group’s role and the advice it provided to Taumata Arowai over the period covered by the annual report.
4: The board and the Māori Advisory Group, acting jointly, must—
a: prepare a memorandum of understanding, setting out how they will work together; and
b: prepare and agree the terms of reference for the Māori Advisory Group.
5: Taumata Arowai must publish the memorandum of understanding and the terms of reference on Taumata Arowai’s website.
6: The board and the Māori Advisory Group, acting jointly, must review both the memorandum of understanding and the terms of reference at intervals of not more than 3 years.
3: Operations of Taumata Arowai
18: Operating principles
1: Taumata Arowai must ensure that its performance and delivery of its objectives, functions, and duties are guided and informed by the operating principles set out in subsection (2).
2: The operating principles are—
a: building and maintaining credibility and integrity, so that Taumata Arowai is trusted by consumers, drinking water suppliers, wastewater network operators, stormwater network operators, Māori, and government:
b: ensuring that Taumata Arowai has suitable expertise to build and maintain confidence in its capability as a regulator:
c: developing sector capability, by promoting collaboration, education, and training:
d: partnering and engaging meaningfully with other people and organisations:
e: partnering and engaging early and meaningfully with Māori, including to inform how Taumata Arowai can—
i: give effect to Te Mana o te Wai; and
ii: understand, support, and enable the exercise of mātauranga Māori and tikanga Māori and kaitiakitanga.
19: Additional collective duties of board
1: The board must ensure that Taumata Arowai—
a: acts in a manner consistent with the operating principles in section 18
b: maintains systems and processes to ensure that, for the purposes of carrying out its functions under this Act, Taumata Arowai has the capability and capacity—
i: to uphold the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles; and
ii: to engage with Māori and to understand perspectives of Māori.
2: The duties in subsection (1)—
a: apply in addition to the duties of the board in sections 49 to 52 of the Crown Entities Act 2004; and
b: are collective duties owed to the responsible Minister for the purposes of section 58 of the Crown Entities Act 2004.
20: Taumata Arowai may establish technical advisory group
1: Taumata Arowai may establish 1 or more technical advisory groups to provide independent advice to Taumata Arowai on any matters relating to its objectives or the performance or exercise of its functions, duties, and powers.
2: The members of a technical advisory group must be appointed by Taumata Arowai, on terms and conditions that Taumata Arowai determines, by written notice to each member.
3: A person must not be appointed as a member of a technical advisory group unless, before appointment, the person discloses to Taumata Arowai the nature and extent (including monetary value, if quantifiable) of all interests that the person has at that time, or is likely to have, in matters relating to the group.
4: A technical advisory group must comply with any terms of reference given by Taumata Arowai.
5: A technical advisory group may determine its own procedures.
6: Taumata Arowai must have regard to the advice it receives from a technical advisory group.
7: In this section, interests
3: Miscellaneous provisions
21: Consequential amendments
Amend the Acts specified in Schedule 2 OIC LI 2021/23 2021-03-01 Crown Entities Act 2004 Ombudsmen Act 1975