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Local Government Act 2002

Offences, penalties, infringement offences, and legal proceedings - Offences - Offences relating to water

225: Offences relating to waterworks

You could also call this:

“Things you shouldn't do with public water systems”

You can commit an offence related to waterworks if you do certain things on purpose or by accident. These offences can result in penalties as outlined in section 242(1).

You might commit an offence if you:

Take water that’s meant for someone else without agreeing to be supplied with it.

Give water from the waterworks to someone who hasn’t agreed to receive it, or let them take it.

Wash things, bathe, or throw rubbish or animals into the water of a waterworks.

Do work on a waterworks without telling the local authority first and getting their written permission.

However, it’s not an offence if the work you do is allowed by a valid consent under the Building Act 2004, the Building Code, the Resource Management Act 1991, or if you have a valid building, plumbing, or drainage consent.

You can defend yourself against an offence for doing work without permission if the work was needed to stop an emergency or fix its effects, and if the person doing the work was properly registered to do it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM174012.

Topics:
Government and voting > Local councils
Environment and resources > Water and food safety
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224: Offence relating to water wastage, or

“Wasting water after a warning is against the law”

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226: Liability for cost of damage, or

“You might have to pay if you break water rules and cause damage”

Part 9 Offences, penalties, infringement offences, and legal proceedings
Offences: Offences relating to water

225Offences relating to waterworks

  1. Every person commits an offence and is liable on conviction to the penalty set out in section 242(1) who, wilfully or negligently,—

  2. takes water from the supply provided to another person without having entered into an agreement to be supplied with water from a waterworks; or
    1. having been supplied with water from a waterworks,—
      1. supplies that water to another person who has not entered into an agreement to be supplied; or
        1. permits that other person to take water supplied from a waterworks; or
        2. bathes or washes clothing or other things in, or throws an animal, refuse, litter, or debris into, the water of a waterworks; or
          1. carries out work on, or in relation to, a waterworks without first—
            1. notifying the local authority of the intention to carry out the work; and
              1. obtaining written authorisation from the local authority, with terms or conditions the local authority thinks fit.

                1. It is not an offence under subsection (1) if the work referred to in subsection (1)(d)—

                2. is authorised by a valid consent granted under—
                  1. the Building Act 2004, regulations made under that Act, or the Building Code; or
                    1. the Resource Management Act 1991 or regulations made under that Act; or
                    2. was carried out in accordance with a valid building, plumbing, or drainage consent.

                      1. It is a defence to an offence under subsection (1)(d) if the work—

                      2. was necessary to avoid an emergency, or to mitigate or remedy the effects of an emergency; and
                        1. was carried out by a person appropriately registered to undertake the work.

                          Notes
                          • Section 225 heading: amended, on , by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
                          • Section 225(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                          • Section 225(1)(d)(ii): amended, on , by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
                          • Section 225(1)(e): repealed, on , by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
                          • Section 225(2): amended, on , by section 46 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
                          • Section 225(2)(a)(i): amended, on , by section 414 of the Building Act 2004 (2004 No 72).
                          • Section 225(2)(a)(ii): 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 225(3): amended, on , by section 46 of the Local Government Electoral Legislation Act 2023 (2023 No 57).