Part 7Specific obligations and restrictions on local authorities and other persons
Obligations and restrictions relating to provision of water services
130Obligation to maintain water services: general
This subpart applies to a local government organisation that provides water services to communities within its district or region—
- at the commencement of this section:
- at any time after the commencement of this section.
A local government organisation to which this section applies must continue to provide water services and maintain its capacity to meet its obligations under this subpart.
In order to fulfil the obligations under this subpart, a local government organisation must—
- not use assets of its water services as security for any purpose:
- not divest its ownership or other interest in a water service except to another local government organisation:
- not lose control of, sell, or otherwise dispose of, the significant infrastructure necessary for providing water services in its region or district, unless, in doing so, it retains its capacity to meet its obligations:
- not, in relation to a property to which it supplies water,—
- restrict the water supply unless section 193 applies; or
- stop the water supply unless section 25 of the Water Services Act 2021 applies.
- restrict the water supply unless section 193 applies; or
This section—
- does not prevent a local government organisation from transferring a water service to another local government organisation; and
- does not override sections 131 to 137.
In this section, local government organisation has the meaning given in section 124, except it—
- includes Auckland Council only in relation to its provision of water services in Auckland that are not water supply and wastewater services; and
- excludes Watercare.
For the purpose of subsection (5)(a), water supply and wastewater services has the same meaning as in section 4(1) of the Local Government (Auckland Council) Act 2009.
Notes
- Section 130 heading: amended, on , by section 102(1) of the Local Government (Water Services Preliminary Arrangements) Act 2024 (2024 No 31).
- Section 130(3)(d)(ii): amended, on , by section 209 of the Water Services Act 2021 (2021 No 36).
- Section 130(5): inserted, on , by section 102(2) of the Local Government (Water Services Preliminary Arrangements) Act 2024
- Section 130(6): inserted, on , by section 102(2) of the Local Government (Water Services Preliminary Arrangements) Act 2024