Water Services Legislation Bill

Hon Nanaia Mahuta

Water Services Legislation Bill

Government Bill

210—1

Contents

Explanatory note
1Title
2Commencement
3Principal Act
4Section 5 amended (Provisions on Te Tiriti o Waitangi/the Treaty of Waitangi)
5Section 6 amended (Interpretation)
6Section 11 amended (Water services entities established)
7Section 13 replaced (Functions of water services entities)
13Functions of water services entities
8Section 15 amended (Status of water services entities)
9Section 18 amended (Other things water services entities can do)
10Section 97 amended (Process for amending or replacing constitution)
11Section 118 amended (Obligation to maintain water services)
12Section 119 amended (Contracts relating to provision of water services)
13Section 133 amended (Purpose and content of Government policy statement)
14Section 134 amended (Preparation or review of Government policy statement)
15New section 137A inserted (Charges as security)
137ACharges as security
16Section 144 amended (Water services entity must respond to Te Mana o te Wai statement for water services)
17Section 153 replaced (Obligation to publish asset management plan)
153Obligation to publish asset management plan
18Section 154 amended (Content of funding and pricing plan)
19Section 156 replaced (Obligation to publish funding and pricing plan)
156Obligation to publish funding and pricing plan
20Section 159 replaced (Obligation to publish infrastructure strategy)
159Obligation to publish infrastructure strategy
21Section 161 amended (Form and content of annual report)
22Part 6 replaced
200Power to carry out work in relation to water services infrastructure on or under land
201Notice required before carrying out work on or under land
202Water services entity to be notified of conditions of work
203Application to District Court to carry out work
204Court order
205Service of order
206Requirement to produce evidence of authority and identity
207Specific requirements for carrying out work under section 200(1) in relation to land on which marae or urupā is situated or that is Maori reservation
208Specific requirements for carrying out work under section 200(1)(a) in relation to Maori land with more than 10 owners
209Specific requirements for carrying out work under section 200(1)(b) or (c) in relation to Maori land with more than 10 owners
210Notice required before carrying out work on or under reserve vested in post-settlement governance entity
211Power to carry out work in relation to water services infrastructure on or under roads
212Notice required before carrying out work under on or under road
213Water services entity to be notified of conditions
214Rights of entry in respect of level crossings
215Service of order
216Requirement to produce evidence of authority and identity
217Power to take immediate action in case of emergency or specified serious risk
218Compensation
219Protection of water services infrastructure
220Maintenance of water services infrastructure
221Owner or occupier of land may require water services infrastructure to be moved
222Road owner may require water services infrastructure to be moved
223Prohibition on charging for access to certain water services infrastructure
224Requirements for easements over certain land
225Land that may be needed for settlement of Treaty of Waitangi claims
226Appeal to District Court
227Appeals to High Court
228Appeals to Court of Appeal or Supreme Court
229Appeal to Maori Land Court
230Appeal to Maori Appellate Court
231Board may designate controlled drinking water catchment areas
232Board may issue controlled drinking water catchment management plan
233Chief executive may give direction to comply with controlled drinking water catchment management plan
234Meaning of small mixed-use rural water service
235Eligibility for transfer of service
236Requirement to transfer service to alternative operator
237Obligations of alternative operator in relation to transfer proposal
238Independent assessment of transfer proposal
239Alternative operator must prepare business plan in relation to transfer proposal
240Assessment by panel
241Decision on transfer proposal
242Eligibility to vote in referendum
243Responsibility for conduct of referendum
244Referendum documentation
245Access to drinking water supply, wastewater, and urban stormwater services must be assessed
246When assessments must be conducted
247Additional considerations for assessments
248Regional representative group review of proposed assessments
249Requirements following assessment of water services
250Duty to ensure communities have access to drinking water if existing supplier faces significant problems
251Fire hydrants
252Pipes to be kept charged with water
253Stormwater management plans
254Purpose of stormwater management plans
255Water services entity must comply with their stormwater management plans
256Contents of stormwater management plans
257Engagement for stormwater management plans
258Taumata Arowai oversight
259Review of stormwater management plans
260Board may make stormwater network rules
261Stormwater network rules may apply to various networks
262Engagement on stormwater network rules
263Review of stormwater network rules
264Requirement to give effect to stormwater environmental performance standards
265Application to transport stormwater systems
266Certain persons may apply for trade waste permits
267Chief executive of water services entity may issue trade waste permit
268Persons may discharge trade waste into wastewater networks only if complying with trade waste permits
269Board must have trade waste plan
270Contents of trade waste plans
271Engagement requirements for trade waste plans
272Chief executive of water services entity must have regard to trade waste plans
273Review of trade waste plan
274Board may make rules restricting water usage
275Board may make rules regulating certain consumer behaviour
276Requirements for water usage restrictions and consumer behaviour rules
277Engagement requirements for water usage restrictions rules and consumer behaviour rules
278Review of rules made under section 274 or 275
279Water services entity must have service agreement with person liable to pay charges
280Matters that must be specified in service agreements
281Consultation requirements
282Publication requirements
283Other requirements
284Application of certain legislation
285Board may regulate specified classes of work in certain places
286Engagement requirements for rules that regulate specified classes of work
287Review of rules that regulate specified classes of work
288Overview of Part
289Application of 3-stage approval process
290Applications may be concurrent
291Applications may be amended
292Obligation to publish water services infrastructure plan
293Obligation to provide written approvals
294Water services infrastructure connection or disconnection requirements
295Engagement for water services infrastructure connection requirements
296Obligation to publish finalised water services infrastructure connection requirements
297Stage 1 approval: application of sections 298 to 303
298Stage 1 approval: information required for applications
299Stage 1 approval: timing of approval of applications
300Stage 1 approval: approvals may be subject to conditions
301Stage 1 approval: grounds for declining applications
302Stage 1 approval: period of validity for approval
303Stage 2 approval: application of sections 304 to 308
304Stage 2 approval: information required for applications
305Stage 2 approval: timing of approval of applications
306Stage 2 approval: approvals may be subject to conditions
307Stage 2 approval: grounds for declining applications
308Stage 2 approval: period of validity for approval
309Stage 3 approval: application of sections 310 to 315
310Stage 3 approval: information required for applications
311Stage 3 approval: timing of approval of applications
312Stage 3 approval: approval to connect or disconnect
313Stage 3 approval: certificates of connection or disconnection
314Stage 3 approval: grounds for declining applications
315Stage 3 approval: period of validity for approval
316Registration of consent notices with continuing conditions
317Vesting water services infrastructure in water services entity
318Charging information needed by territorial authorities
319Rating information needed by water services entity
320Rating information that may not be withheld
321Liability for water services charges in respect of property
322Liability for water services charges in respect of Maori land
323Limitation on trustee liability
324Water services charges and fees to constitute debt
325Penalty for failure to pay water services charges and fees
326Waiver or refund of debt
327Waiver of penalty
328Disputes do not suspend obligations to pay charges, fees, or penalties
329Charging for volumetric use
330Board may set certain charges
331Charging principles
332Obligation to review and publish charges
333Chief executive of water services entity may discount charges
334Charges for water services may be averaged geographically
335Chief executive of water services entity may enter into negotiations to change certain provisions in certain contracts
336Chief executive of water services entity may authorise local authorities to collect charges
337Terms of charges collection agreements
338Local authorities not responsible for collecting unpaid charges
339Liability for certain charges in respect of properties not connected to water supply or waste water networks
340Requirements for charges for stormwater services
341Liability for stormwater services
342Water services entity not liable for rates in certain cases
343Basis on which water infrastructure contribution charges may be set
344Principles for setting water infrastructure contribution charges
345Board may set lower water infrastructure contribution charges in certain circumstances
346Board must set or adopt water infrastructure contribution charges policy
347Consultation requirements for proposed water infrastructure contribution charges policies
348Crown exempt from water infrastructure contribution charges
349When water services entity may invoice for water infrastructure contribution charges
350Territorial authorities may no longer use certain contributions
351Director of Compliance and Enforcement
352Director’s functions, duties, and powers
353Director’s duty to act independently
354Water services entity must issue compliance and enforcement strategy
355Engagement on compliance and enforcement strategy
356Content of compliance and enforcement strategy
357Appointment of compliance officers
358Identity cards
359Suspension and ending of appointment of compliance officers
360Compliance officer subject to water services entity’s directions
361Director of Enforcement and Compliance has powers of compliance officer
362Purpose of compliance powers
363Power to restrict water supply
364Directions
365Compliance officer’s powers in respect of specified serious risk
366Requirements for directions
367Power to take and test samples
368Power to obtain information
369Power to require name and address
370Power to question
371Powers of entry and inspection
372Power to enter place without search warrant
373Notice of entry
374Power of Director of Compliance and Enforcement to authorise making of applications for search warrants
375Continuation of powers of entry and inspection without search warrants
376Conditions of entry, search, and seizure
377Compliance with Building Act 2004
378Power to ask for assistance
379Protection of persons acting under authority of Act
380Power to issue compliance order
381Compliance with compliance order
382Form and content of compliance order
383Director may vary or cancel order
384Formal irregularities or defects in order
385When Director of Compliance and Enforcement may take remedial action
386Power of Director of Compliance and Enforcement to take other remedial action
387Costs of remedial or other action
388Protection of Maori land against execution for debt
389Chief executive of water services entity may authorise persons to read water meters
390Authorised persons may access properties under certain conditions
391Knowingly or recklessly engaging in conduct relating to water supply network that causes specified serious risk
392Negligently engaging in conduct relating to water supply network that causes specified serious risk
393Knowingly or recklessly disposing of materials or substances into wastewater network
394Disposing of materials or substances into wastewater network
395Connecting to, disconnecting from, or discharging into wastewater network without authorisation
396Knowingly or recklessly engaging in conduct relating to wastewater network that causes specified serious risk
397Negligently engaging in conduct relating to wastewater network that causes specified serious risk
398Discharging trade waste without trade waste permit
399Breach of trade waste permit
400Knowingly or recklessly connecting to or disconnecting from stormwater network without authorisation
401Negligently connecting to or disconnecting from stormwater network without authorisation
402Knowingly or recklessly engaging in conduct relating to stormwater network that causes specified serious risk
403Negligently engaging in conduct relating to stormwater network that causes specified serious risk
404Discharging into water supply network without authorisation
405Connecting to or disconnecting from water supply network or supplying water to another person without authorisation
406Carrying out work on or in relation to water supply network, wastewater network, or stormwater network without authorisation
407Carrying out work in immediate proximity to water supply network, wastewater network, or stormwater network without notification
408Breach of controlled drinking water catchment management plan
409Breach of requirement, condition, authorisation, or prohibition in stormwater network rule
410Failure to comply with rule relating to equipment or device
411Failure to notify water services entity of notifiable risk or hazard
412Failure to comply with direction issued by compliance officer
413Failure to comply with compliance order or court order
414Failure to comply with water use restriction or limit
415Wasting drinking water
416Tampering with water meter
417Hindering or obstructing employee or agent of water services entity
418Threatening or assaulting employee or agent of water services entity
419Pretending to be compliance officer, employee, or agent of water services entity
420Interpretation
421Infringement offences
422When infringement notice may be issued
423How infringement notice may be served
424What infringement notice must contain
425Revocation of infringement notice before payment is made
426Payment of infringement fees
427Reminder notices
428Meaning of enforcement action
429Person may notify Director of Compliance and Enforcement of interest in knowing of enforcement action
430Prosecutions by Director of Compliance and Enforcement
431Private prosecutions
432Continuing or repeated matters
433Limitation period for prosecutions brought by Director of Compliance and Enforcement
434Extension of time if Director of Compliance and Enforcement needs longer to decide whether to bring prosecution
435Certain proceedings may be brought after end of limitation period if fresh evidence discovered
436Defences in prosecution for strict liability offence
437Liability of body corporate or unincorporated body
438Liability of body corporate, unincorporated body, principal, or individual
439Defence in prosecution of body corporate, principal, or individual
440Application of this subpart
441Sentencing criteria
442Order for payment of costs in bringing prosecution
443Injunctions
444Supervision and training orders
445Restriction or prohibition order
446Application for internal review
447Decision of water services entity
448Notice of decision on internal review
449Stay of reviewable decision on internal review
450Appeal
451Interim order by District Court
452Appeal to High Court
453Appeals to Court of Appeal or Supreme Court
454Effect of appeal against compliance order
455Interim review of governance and accountability arrangements under Act
456Comprehensive review of water services legislation
457Reviewer
458Reviewer’s power to request information
459Report
460Repeal of this subpart
461Engagement requirements
462Principles of engagement with consumers
463Consumer forum
464Consumer engagement stocktake
465Publication requirements
466Review requirements
467Requirement to enter into relationship agreement
468Contents of relationship agreement
469Further provisions relating to relationship agreements
470Crown may lend money to water services entity
471Requirement to provide information to territorial authority for purposes of land information memorandum
472Requirement to provide information to territorial authority for purposes of project information memorandum
473Reporting and record-keeping rules
474Regulations: general
475Regulations: volumetric charging
23Schedule 1 amended
24Schedule 3 amended
25Schedule 5 replaced
26Principal Act
27Section 94A amended (Minister may give notice of national transition period)
28Section 94B amended (Notice of local transition period)
29Section 94D amended (Extension of transition periods)
30Section 115A amended (Permanent legislative authority for payment of certain expenses)
31Principal Act
32Section 5ZW amended (Minister or Commission may request certain organisations to provide information on climate change adaptation)
33Principal Act
34Section 4 amended (Interpretation)
35Section 6 amended (Prosecutions against Crown organisations)
36Section 7 amended (Legal status of certain Crown organisations)
37Principal Act
38Schedule 1 amended
39Principal Act
40Section 73 amended (Duty to develop, consult on, recommend the approval of, and publish and notify code of practice for firefighting water supplies)
41Principal Act
42Section 2 amended (Interpretation)
43Section 6 amended (Meaning of term taxable activity)
44Principal Act
45Section 52 amended (Notice to be given of local authority works)
46Principal Act
47Section 2 amended (Interpretation)
48Section 25 amended (Local authority to provide sanitary works)
49Section 27A amended (Grants and subsidies for refuse disposal works, sewerage works, and water supplies)
50Section 33 amended (Proceedings in respect of nuisances)
51Section 34 amended (Power to abate nuisance without notice)
52Section 35 amended (Proceedings when nuisance caused by default outside district)
53Section 64 amended (Bylaws)
54Section 116C amended (Purpose)
55Section 116D amended (Interpretation)
56Section 116E amended (Director-General may direct local authority to add or not to add fluoride to drinking water)
57Section 116F amended (Contents of direction)
58Section 116G amended (Engagement with local authority)
59Section 116H amended (Local authority not required to consult)
60Section 116I amended (Local authority must comply with direction)
61Section 116J amended (Offence to contravene or permit contravention of section 116I)
62Schedule 1AA amended
63Principal Act
64New section CW 38C inserted (Water services entities)
CW 38CWater services entities
65Section YA 1 amended (Definitions)
66Principal Act
67Section 3 amended (Purpose)
68Section 7 amended (Interpretation)
69Principal Act
70Section 2 amended (Interpretation)
71Section 319 amended (General powers of councils in respect of roads)
72Section 338 amended (Council may grant right to lay conduit pipes along or under road)
73New Part 25A inserted
439ALocal authorities must obtain agreement of water services entities to exercise certain powers affecting stormwater network or management plans
439BLocal authorities must provide notice to water services entities in certain circumstances
439CLocal authorities must consult water services entities before applying for declaration under section 507
74New section 468A inserted (Contracts relating to provision of drains)
468AContracts relating to provision of drains
75Section 510 amended (Inspection of private dams, etc)
76Section 517J amended (Service of transfer proposal)
77Section 517K replaced (Right to object to transfer proposal)
517KRight to object to transfer proposal
78Section 517L replaced (Notice of right to object)
517LNotice of right to object
79Section 517M amended (Contents of notice of right to object)
80Section 517P amended (Notification by local authority of receipt of objections)
81Section 517S amended (Procedure on receipt of objections)
82Section 517U amended (Relevant criteria)
83Section 517V amended (Notice of Commission’s determination)
84Section 647 repealed (Fire hydrants)
85Section 648 repealed (Pipes to be kept charged with water)
86Schedule 14 amended
87Principal Act
88Section 5 amended (Interpretation)
89Section 17 amended (Transfer of responsibilities)
90Section 17A amended (Delivery of services)
91Section 101A amended (Financial strategy)
92Section 101B amended (Infrastructure strategy)
93Section 123 amended (Outline of Part)
94Subpart 1 heading in Part 7 replaced
95Sections 124 and 125 replaced
124Territorial authorities and regional councils must consider findings and implications of water services assessment
125Requirement to assess sanitary services
96Sections 126 to 128 repealed
97Subpart 2 of Part 7 repealed
98Section 143 amended (Outline of Part)
99Section 146 replaced (Specific bylaw-making powers of territorial authorities)
146Specific bylaw-making powers of territorial authorities
100Section 148 repealed (Special requirements for bylaws relating to trade wastes)
101Section 149 amended (Power of regional councils to make bylaws)
102Section 153 amended (The Crown bound by certain bylaws)
103Section 181 amended (Construction of works on private land)
104Section 182 replaced (Power of entry to check utility services)
182Power of entry to check utility services
105Section 193 replaced (Power to restrict water supply)
193Power to restrict agricultural water supply
106Section 197 amended (Interpretation)
107Sections 224 to 227 and cross-headings repealed
108Section 232 amended (Damage to local authority works or property)
109Section 242 amended (Penalties for offences)
110Section 261B amended (Secretary must make rules specifying performance measures)
111Schedule 1AA amended
112Schedule 8 amended
113Schedule 10 amended
114Principal Act
115Section 3 amended (Purpose)
116Section 4 amended (Interpretation)
117Part 5 repealed
118Principal Act
119Sections 17 to 27 and cross-heading above section 17 repealed
120Section 34 repealed (Wastewater rate for 2011/2012 financial year)
121Sections 55 and 56 repealed
122Section 58 amended (Financial contributions already made or owed to existing local authorities)
123Sections 59 and 60 repealed
124Section 67 amended (Statutory warrants relating to law other than transport law)
125Section 83 amended (Tax)
126Section 98 amended (Interpretation)
127Principal Act
128Section 2 amended (Interpretation)
129Section 44A amended (Land information memorandum)
130Schedule 1 amended
131Schedule 2 amended
132Principal Act
133Section 9 amended (Non-rateable land liable for certain rates)
134Section 19 amended (Targeted rate for water supply)
135Section 19A amended (Rates not to overlap with targeted rates under Urban Development Act 2020)
136Section 21 amended (Certain rates must not exceed 30% of total rates revenue)
137Schedule 1 amended
138Schedule 3 amended
139Principal Act
140Schedule 1 amended
141Principal Act
142Schedule 1 amended
143Principal Act
144Section 4 amended (Interpretation)
145Principal Act
146Section 2 amended (Interpretation)
147Principal Act
148Section 2 amended (Interpretation)
149Principal Act
150Section 2 amended (Interpretation)
151Section 95B amended (Limited notification of consent applications)
152New section 95H inserted (Meaning of affected water services entity)
95HMeaning of affected water services entity
153Section 104 amended (Consideration of applications)
154Section 108AA amended (Requirements for conditions of resource consents)
155Section 166 amended (Definitions)
156Section 220 amended (Condition of subdivision consents)
157Section 224 amended (Restrictions upon deposit of survey plan)
158Schedule 1 amended
159Schedule 4 amended
160Principal Act
161Schedule amended
162Principal Act
163Section 65 amended (Accommodation supplement: discretionary grant)
164Principal Act
165New section 26AAA and cross-heading inserted
26AAAJurisdiction of court under Water Services Entities Act 2022
166Principal Act
167Section 9 amended (Interpretation)
168Section 23 amended (Duty to co-operate)
169Section 68 amended (Documents and other matters relevant to preparation of development plan)
170Section 142 amended (Interpretation for this subpart)
171Section 160 amended (Kāinga Ora responsible for costs of construction)
172Section 161 amended (Limitations on power to alter water-related infrastructure Kāinga Ora does not control)
173Section 164 amended (Ongoing application of section 181(4) of Local Government Act 2002 to transferred water-related infrastructure)
174Section 167 amended (Power of Kāinga Ora to propose bylaw change)
175Section 179 amended (Bylaw-making authorities must consult Kāinga Ora on certain proposals)
176Section 186 amended (Order in Council may authorise Kāinga Ora to set rates)
177Section 189 amended (Procedure for setting rates)
178Section 219 amended (Principles for development contributions)
179Section 221 amended (Kāinga Ora may require development contributions)
180Section 224 amended (Limits on power to require development contributions)
181Section 237 amended (Transfer of previous development contributions to Kāinga Ora)
182Schedule 2 amended
183Principal Act
184Section 4 amended (Interpretation)
185Principal Act
186Section 3 amended (Purpose of this Act)
187Section 5 amended (Interpretation)
188Section 25 amended (Duty to provide sufficient quantity of drinking water)
189Section 26 amended (Duties where sufficient quantity of drinking water at imminent risk)
190Section 29 amended (Duty of officers, employees, and agents to exercise due diligence)
191Section 33 amended (Planned events)
192Section 34 amended (Unplanned supply of drinking water)
193New section 35A inserted (Water services entity or regional council may be required to warn users of domestic self-supply about contamination)
35AWater services entity or regional council may be required to warn users of domestic self-supply about contamination
194Section 49 amended (Compliance rules)
195Section 62 amended (Special powers of Taumata Arowai during drinking water emergency)
196Section 104 amended (Directions)
197New subpart 7A heading in Part 3 and new section 139A inserted
139AStormwater environmental performance standards
198Section 140 amended (Interpretation)
199Section 148 amended (Further provisions relating to reporting)
200Section 205 amended (Publication of instruments)
201Section 211 repealed (Section 146 amended (Specific bylaw-making powers of territorial authorities))
202Amendments to secondary legislation
203Repeals

The Parliament of New Zealand enacts as follows: