Plain language law

New Zealand law explained for everyone

Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers in relation to water services and trade wastes - Discharge of sewage and trade wastes

195: Discharge of sewage

You could also call this:

“Rules about putting poo and other waste into big pipes”

You can put domestic sewage into a sewerage drain that a local authority controls without breaking any laws. This is okay as long as you follow the local authority’s rules. The same goes for trade wastes, which are wastes from businesses. You can put these into a sewerage drain if you follow the special trade waste rules.

If you do this, you’re not breaking this law, the Resource Management Act 1991, or the Building Act 2004. You’re not breaking any rules made under these laws either.

But, if the local authority lets something bad get into the environment from their sewerage drain, they can still get in trouble. They have to follow this law and the Resource Management Act 1991.

The Minister of Health can say that a rule made by a local authority is a trade wastes rule. They do this by putting a notice in the Gazette, which is a special government newspaper.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173495.

Topics:
Government and voting > Local councils
Health and wellbeing > Public health
Environment and resources > Town planning
Previous

194: Power to stop water services, or

“How the law about stopping water services changed”

Next

196: Discharge of trade wastes, or

“Rules for businesses putting waste water into council drains”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers in relation to water services and trade wastes: Discharge of sewage and trade wastes

195Discharge of sewage

  1. The discharge of domestic sewage into a sewerage drain under the control of a local authority in accordance with the bylaws of the local authority, and the discharge of trade wastes into a sewerage drain in accordance with trade wastes bylaws, is not a breach of—

  2. this Act; or
    1. the Resource Management Act 1991 or regulations made under that Act; or
      1. the Building Act 2004 or regulations made under that Act.

        1. However, this section does not absolve a local authority from liability for the discharge, in contravention of this Part or of the Resource Management Act 1991, of a contaminant from a sewerage drain under the control of the local authority.

        2. The Minister of Health may, by notice in the Gazette, declare that a bylaw made by a local authority and specified in the notice is a trade wastes bylaw for the purposes of this section.

        Compare
        Notes
        • Section 195(1)(b): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
        • Section 195(1)(c): amended, on , by section 414 of the Building Act 2004 (2004 No 72).
        • Section 195(2): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).