Water Services Bill

Hon Nanaia Mahuta

Water Services Bill

Government Bill

314—2

Contents

Commentary
Key
1Title
2Commencement
3Purpose of this Act
4Overview of this Act
5Interpretation
6Meaning of drinking water
7Meaning of safe in relation to drinking water
8Meaning of drinking water supplier
9Meaning of drinking water supply
10Meaning of domestic self-supply and domestic dwelling
11Meaning of operator
12Meaning of owner
13Meaning of point of supply
14Effect and interpretation of Te Mana o te Wai
15Duties not transferable
16Person may have more than 1 duty
17More than 1 person may have same duty
18Transitional, savings, and related provisions
19Act binds the Crown
20Enforcement of Act against the Crown
21Duty to supply safe drinking water
22Duty to comply with drinking water standards
23Duty of owner of drinking water supply to register supply
24Duty to take reasonable steps to supply aesthetically acceptable drinking water
25Duty to provide sufficient quantity of drinking water
26Duties where sufficient quantity of drinking water at imminent risk
27Duty to protect against risk of backflow
28Duty to ensure Duties relating to end-point treatment
29Duty of officers, employees, and agents to exercise due diligence
30Owner must have drinking water safety plan
31Drinking water safety plans
32Taumata Arowai to review drinking water safety plans and monitor compliance
33Planned events
34Unplanned supply of drinking water
35Duty to notify Taumata Arowai of notifiable risk or hazard
36Notification duties of drinking water supplier
37Drinking water suppliers to keep records
38Requirement for supplier to provide information to consumers and have complaints process
39Review by Taumata Arowai
40Taumata Arowai to monitor and enforce compliance with complaints process
41Purpose of subpart
41AApplication
42Source water risk management plans
43Suppliers to monitor source water quality
44Information sharing with local authorities
45Regional councils to publish information about source water
46Power to make issue or adopt drinking water standards
47Aesthetic values for drinking water
48Compliance rules
49Acceptable solutions and or verification methods for drinking water
50Compliance with acceptable solution or verification method for drinking water
51Templates and models
52Taumata Arowai consultation requirements
53Application to register drinking water supply
54Register of drinking water supplies
55Duty to renew annual registration and notify changes
56General exemptionsExemptions
57Exemption: residual disinfection
57Exemption: residual disinfection
58Taumata Arowai may declare drinking water emergency
59Maximum duration of drinking water emergency declaration
60Drinking water emergency may be declared or continued even if other emergency declared
61Special powers of Taumata Arowai during drinking water emergency
62Exemption during drinking water emergency
63Compensation for property requisitioned or destroyed
64Actions taken under emergency powers may be exempted from requirements of Part 3 of Resource Management Act 1991
65Regulations relating to emergency situations
66Effect of exemption
67Requirement for operators to be authorised
68Requirement for prescribed skills, qualifications, or experience in respect of drinking water supply or wastewater network
69Requirement for prescribed skills, qualifications, or experience for water sampling
70Requirement to comply with conditions of authorisation
71Regulations relating to authorisations
72Duty to use accredited laboratory to analyse water
73Taumata Arowai may appoint accreditation body
74Requirements relating to laboratories for laboratory accreditation body
75Charges
76Accreditation
77Criteria for accreditation
78Application for accreditation
79Suspension or revocation of accreditation
80Laboratory accreditation body must notify Taumata Arowai of grant of, or change to, accreditation
81Register of accredited laboratories
82Non-performance by drinking water supplier
83Criteria for appointment or renewal of appointment
84Effect of appointment
85Costs may be recovered from drinking water supplier
86Requirements for appointment
87Notice of appointment to drinking water supplier
88Application for internal review
89Decision of Taumata Arowai
90Notice of decision on internal review
91Stay of reviewable decision on internal review
92Appeal
93Interim order by District Court
94Appeal to High Court
95Appeals to Court of Appeal or Supreme Court
96Effect of appeal against compliance order
97Appointment of compliance officers
98Identity cards
99Suspension and ending of appointment of compliance officers
100Compliance officers subject to Taumata Arowai’s directions
101Chief executive has powers of compliance officer
102Purpose of powers in this subpart
103Directions
104Compliance officer powers where serious risk to public health exists
105Requirements relating to exercise of section 104 powers
106Power to take and test samples
107Power to obtain information
108Power to require name and address
109Power to question drinking water supplier
109APowers of entry and inspection
110Power to enter without search warrant
111Notice of entry
112Power of Taumata Arowai to authorise making of applications for search warrants
113Continuation of powers of entry and inspection without search warrants
114Conditions of entry, search, and seizure
115Building Act 2004
116Power to ask for assistance
117Protection of persons acting under authority of Act
118Power to issue compliance order
119Compliance with compliance order
120Form and content of compliance order
121Chief executive may vary or cancel order
122Formal irregularities or defects in order
123General provisions relating to directions and orders
124When chief executive may carry out remedial action
125Power of chief executive to take other remedial action
126Costs of remedial or other action
127Civil proceedings relating to non-compliance with compliance order
128Chief executive may accept enforceable undertakings
129Notice of decision and reasons for decision
130When enforceable undertaking is enforceable
131Contravention of enforceable undertaking
132Withdrawal or variation of enforceable undertaking
133Proceedings for alleged contravention
134Drinking water compliance, monitoring, and enforcement strategy
135Taumata Arowai to publish annual drinking water regulation report
136Monitoring and reporting on environmental infrastructure performance of wastewater and stormwater networks
137Collection of information for monitoring and reporting on environmental infrastructure performance
138Civil proceedings relating to non-compliance with section 137
139Network registers
140Environmental Infrastructure performance measures for networks
141Annual reporting on wastewater and stormwater networks
142Further provisions relating to reporting
143Interpretation
144Proceedings for infringement offence Infringement offences
144AWhen infringement notice may be issued
144BHow infringement notice may be served
145What infringement notice must contain Infringement notices
146Revocation of infringement notice before payment is made
147Payment of infringement fees
147AReminder notices
148Meaning of enforcement action
149Person may notify chief executive of interest in knowing of enforcement action
150Prosecutions by chief executive
151Private prosecutions
152Continuing or repeated matters
153Limitation period for prosecutions brought by chief executive
154Extension of time if chief executive needs longer to decide whether to bring prosecution
155Certain proceedings may be brought after end of limitation period if fresh evidence discovered
156Defence in prosecution for strict liability offence
157Liability of body corporate or unincorporated body
158Liability of body corporate, unincorporated body, principal, or individual
159Liability of officers, employees, and agents of drinking water supplier
160Liability of volunteers
161Liability of elected officials
162Offence involving recklessness in supply of unsafe drinking water
163Offence involving negligence in supply of unsafe drinking water
163AOffence involving contamination of raw water or drinking water
164Offence involving recklessness in failure to take immediate action when drinking water unsafe
165Offence involving negligence in failure to take immediate action when drinking water unsafe
166Offence involving failure to notify Taumata Arowai of notifiable risk or hazard
167Offence involving failure to provide sufficient quantity of drinking water
168Offence involving supply of drinking water from unregistered supply
169Offence involving provision of false or misleading information
170Offence involving failure to notify changes in details on register
171Offence involving drinking water safety plan
172Offence involving failure to comply with condition or direction
173Offence involving failure to comply with compliance order or court order
174Offence involving failure to keep and maintain records
175Offence involving failure to comply with emergency directions or conditions
176Offence involving breach of requirements relating to authorisations
177Offence relating to planned events or unplanned supply of drinking water
178Offence involving failure to advise consumers about, provide, and report on complaint process
179Offence involving hindering or obstructing Taumata Arowai
180Offence involving threatening or assaulting employee or agent of Taumata Arowai
181Offence involving deception by pretending to be employee or agent of Taumata Arowai, or authorised person
182Offence for failing to comply with duty of due diligence
183Application of subpart
184Sentencing criteria
185Order for payment of chief executive’s costs in bringing prosecution
186Release on giving of court-ordered enforceable undertaking
187Injunctions
188Supervision and training orders
189Restriction or prohibition
190Regulations
191Levy
192Recovery of fees and levies
193Delegations
194Information sharing with regulatory agencies
195Publication of instruments
196Amendments and revocation to other enactments
197Amendments to Local Government Act 2002
198Subpart 1 of Part 7 replaced
124Interpretation
125Requirement to assess drinking water services
126Requirements following assessment of community drinking water service
127Duty to ensure communities have access to drinking water if existing suppliers facing significant problems
128Requirement to assess wastewater and other sanitary services
198ASection 130 amended (Obligation to maintain water services)
199Section 131 amended (Power to close down or transfer small water services)
200Schedule 1AA amended
201Schedule 10 amended
Legislative history

The Parliament of New Zealand enacts as follows: