Local Government Act 2002

Specific obligations and restrictions on local authorities and other persons - Obligations and restrictions relating to provision of water services

130: Obligation to maintain water services: general

You could also call this:

"Councils must keep providing water to their communities and maintain their water services."

If you live in a community that gets water services from a local government organisation, they have to keep providing you with water. They must maintain their ability to meet their obligations to give you water services. You can find more information about what a local government organisation is in section 124.

A local government organisation cannot use its water services assets as security for other things. They also cannot sell or get rid of the important infrastructure that gives you water, unless they can still meet their obligations to you. In relation to your property, they cannot restrict or stop your water supply unless section 193 or section 25 of the Water Services Act 2021 applies.

This rule does not stop a local government organisation from transferring its water services to another local government organisation. It also does not override sections 131 to 137. For Auckland Council, this rule only applies to water services that are not water supply and wastewater services, which has the same meaning as in section 4(1) of the Local Government (Auckland Council) Act 2009.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM172933.


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130A: Obligation to maintain water services: Watercare, or

"Watercare must keep providing Auckland with water and wastewater services"

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

  1. This subpart applies to a local government organisation that provides water services to communities within its district or region—

  2. at the commencement of this section:
    1. at any time after the commencement of this section.
      1. 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.

      2. In order to fulfil the obligations under this subpart, a local government organisation must—

      3. not use assets of its water services as security for any purpose:
        1. not divest its ownership or other interest in a water service except to another local government organisation:
          1. 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:
            1. not, in relation to a property to which it supplies water,—
              1. restrict the water supply unless section 193 applies; or
                1. stop the water supply unless section 25 of the Water Services Act 2021 applies.
                2. This section—

                3. does not prevent a local government organisation from transferring a water service to another local government organisation; and
                  1. does not override sections 131 to 137.
                    1. In this section, local government organisation has the meaning given in section 124, except it—

                    2. includes Auckland Council only in relation to its provision of water services in Auckland that are not water supply and wastewater services; and
                      1. excludes Watercare.
                        1. 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