Local Government Act 2002

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

130A: Obligation to maintain water services: Watercare

You could also call this:

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

Watercare has to keep providing water services in Auckland. You can think of water services as the systems that supply you with water and take away wastewater. Watercare must make sure it can meet its obligations to do this. Watercare cannot use its water services assets as security for other things, sell its water services, or get rid of the important infrastructure needed to provide water services in Auckland, unless it can still meet its obligations. If Watercare supplies water to a property, it cannot restrict or stop the water supply unless certain conditions apply, such as those outlined in section 193 or section 25 of the Water Services Act 2021.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1456073.


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130: Obligation to maintain water services: general, or

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


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131: Power to close down or transfer small water services, or

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

Part 7Specific obligations and restrictions on local authorities and other persons
Obligations and restrictions relating to provision of water services

130AObligation to maintain water services: Watercare

  1. Watercare must continue to provide water services in Auckland and maintain its capacity to meet its obligations under this subpart.

  2. In order to fulfil the obligations under this subpart, Watercare 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:
      1. not lose control of, sell, or otherwise dispose of the significant infrastructure necessary for providing water services in Auckland, 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 does not override sections 131 to 137.

            3. In this section, water services has the meaning given to water supply and wastewater services in section 4(1) of the Local Government (Auckland Council) Act 2009.

            Notes
            • Section 130A: inserted, on , by section 103 of the Local Government (Water Services Preliminary Arrangements) Act 2024 (2024 No 31).