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Local Government Act 2002

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

131: Power to close down or transfer small water services

You could also call this:

“Councils can stop or give away small water services if most people agree”

You have the power to close down or transfer a small water service if it’s no longer appropriate to maintain. This means you can either stop the service completely or give it to a group that represents the community that uses the service.

However, you can only do this if certain conditions are met. First, the water service must serve 200 or fewer people who usually live in the area. Second, you need to talk to the Medical Officer of Health for the district or Taumata Arowai about your plan.

You also need to make public the views of the Medical Officer of Health or Taumata Arowai, as well as information from your review of the service. This information should be shared in a fair and timely way.

Most importantly, you need to hold a vote. If you want to close the service, at least 75% of the votes must support the idea. If you want to transfer the service, more than half of the votes must be in favour. This vote must follow the rules set out in section 9 of the Local Electoral Act 2001.

To confirm how many people the water service serves, the chief executive of your organisation can sign a certificate. This certificate will be considered proof of the number of users.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM172935.

Topics:
Government and voting > Local councils
Environment and resources > Town planning
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Part 7 Specific obligations and restrictions on local authorities and other persons
Obligations and restrictions relating to provision of water services: Closure or transfer of small water services

131Power to close down or transfer small water services

  1. Despite section 130(2), a local government organisation may, in relation to a water service that it is no longer appropriate to maintain,—

  2. close down the water service; or
    1. transfer the water service to an entity representative of the community for which the service is operated.

      1. A local government organisation must not close down or transfer a water service unless—

      2. there are 200 or fewer persons to whom the water service is delivered and who are ordinarily resident in the district, region, or other subdivision; and
        1. it has consulted on the proposal with the Medical Officer of Health for the district or Taumata Arowai; and
          1. it has made publicly available in a balanced and timely manner—
            1. the views of the Medical Officer of Health or Taumata Arowai; and
              1. the information it has received in the course of—
                1. undertaking a review, assessment, and comparison under section 134(a) and (b); or
                  1. preparing a management plan and making assessments under section 135(a), (b), and (c); and
                2. the proposal is supported, in a binding referendum conducted under section 9 of the Local Electoral Act 2001 using the First Past the Post electoral system,—
                  1. in the case of a proposal to close down a water service, by 75% or more of the votes cast in accordance with subsection (3); and
                    1. in the case of a proposal to transfer a water service, by more than 50% of the votes cast in accordance with section 132.

                    2. For the purpose of subsection (2)(a), a certificate signed by the chief executive of the local government organisation as to the number of persons to whom the water service is delivered in the district, region, or other subdivision at any date is conclusive evidence of that number.

                    Notes
                    • Section 131(2)(b): amended, on , by section 210 of the Water Services Act 2021 (2021 No 36).
                    • Section 131(2)(c)(i): amended, on , by section 210 of the Water Services Act 2021 (2021 No 36).