25Local authority to provide sanitary works

1. For the purposes of this section, the term sanitary works means—

2. water supply reticulation and treatment;
3. wastewater reticulation, treatment, and disposal;
4. stormwater reticulation, treatment, and disposal;
5. works for the collection and disposal of refuse, nightsoil, and other offensive matter;
6. sanitary conveniences for the use of the public;
7. swimming baths;
8. dressing sheds;
10. cemeteries;
11. crematoria;
12. disinfecting and cleansing stations established under this Act; and
13. any other works declared by the Governor-General by Order in Council to be sanitary works (see subsection (14)),
and includes all lands, buildings, machinery, reservoirs, dams, tanks, pipes, and appliances used in connection with any such sanitary works.

14. The Minister may, by notice in the Gazette, from time to time require any local authority to provide for the benefit of its district, whether within or beyond the boundaries thereof, such sanitary works as the Minister may specify in the requisition or to alter or extend any sanitary works previously provided by the local authority. Any requisition issued under this subsection may specify a time, not being less than 3 months after the service of the requisition, within which proposals for the carrying out of the work shall be submitted to the Director-General under this section, and may contain such general directions relating to the carrying out of the work, including a direction as to the amount of expenditure to be incurred, as the Director-General thinks fit.

15. Any 2 or more local authorities may with the Director-General's approval, and shall if so required by the Director-General, combine for the purpose of providing, altering, or extending any sanitary works pursuant to this section; and where they have combined or have been required to combine for that purpose a requisition under subsection (2) may be issued to them jointly, and any reference in subsections (4) to (9) to a local authority shall be construed accordingly.

16. Every requisition issued under this section shall be in writing and shall be served on the local authority.

17. Any such requisition as aforesaid may at any time in like manner be withdrawn or modified by a further requisition under this section: provided that—

18. a requisition shall not, without the consent of the local authority to which it was issued, be modified or withdrawn after the Director-General has approved the proposals of that local authority:
19. the modification of a requisition shall not prejudice the local authority's right to raise a loan under section 27(2).

20. Any local authority to which a requisition is issued shall within the time specified in the requisition submit to the Director-General proposals for the provision, alteration, or extension of sanitary works in accordance with the requisition. The proposals shall include plans and specifications of the works and all other particulars of the work to be carried out, and an estimate of its cost.

21. Before approving a proposal under subsection (6), the Director-General must consult Taumata Arowai.

22. The Director-General may approve the proposals with or without modifications, which may include conditions subject to which the work is to be carried out, and the local authority shall carry out the work in accordance with the proposals as approved.

23. If the local authority fails to submit proposals within the time specified in the requisition, or if the Director-General does not approve the proposals, the Director-General may himself or herself make proposals, and any proposals so made by the Director-General shall have effect as if made and submitted by the local authority.

24. Before making or modifying any proposals the Director-General shall send a draft of the proposals or modifications to the local authority and shall give the local authority an opportunity of making representations in relation to the draft. Notice of the Director-General's final determination on the proposals shall be served on the local authority.

25. Any expenses actually incurred by the Director-General in making or modifying proposals under this section, together with a reasonable charge for services rendered by any officer or employee of the Director-General or of any government department in connection therewith, shall be defrayed by the local authority concerned in the proposals or, if there are 2 or more local authorities concerned, by those authorities in such proportions as the Director-General may, in default of agreement, determine. The expenses actually incurred may be paid in the first instance out of money appropriated by Parliament for the purpose.

26. Any expenses so paid and any charges so made for services may be recovered as a debt due from the local authority or authorities to the Crown or may be deducted from any money payable by the Crown to the local authority or authorities.

27. Any person authorised in writing in that behalf by the medical officer of health may at any time during the office hours of a local authority, but not so as to interfere unreasonably with the carrying out of his duties by any officer of that local authority, inspect all documents in the local authority's possession relating to any sanitary works which it is proposed, whether under this section or otherwise, to provide, alter, or extend.

28. The obligation of a local authority to comply with the provisions of this section and with any requisition issued under this section shall not be limited by the fact that the local authority may not be empowered by any Act other than this Act to undertake works of the kind referred to in the requisition.

29. An order under subsection (1)(k) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).