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Public Works Act 1981

Irrigation

218: Diminished supply

You could also call this:

“Rules about reduced water supply and payments when water is limited”

If the water supply from water works becomes less or stops, or if the Minister has to reduce or stop the water supply because of the Resource Management Act 1991, you can’t get compensation or take legal action against the Crown or the Minister. This applies even if you were supposed to get a certain amount of water.

If you can’t get the amount of water you were supposed to receive in a season, the Minister will reduce the amount you have to pay. The Minister will decide how much to reduce it by.

However, if you have a water availability agreement, the amount you pay under section 214 won’t change, even if you get less water.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM48312.

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Part 19 Irrigation

218Diminished supply

  1. Notwithstanding anything in this Part, if, during any season, water from the water supply works fails or becomes diminished, or the Minister is required by powers exercised under the Resource Management Act 1991 to cease or reduce the supply of water, so that it is impracticable to supply to any occupier the number of unit quantities or unit rates of supply agreed to be allocated or supplied to the occupier under this Part, no person shall, by reason of such failure or diminished supply or requirement, have any claim to compensation or any right of action or other remedy against the Crown or the Minister.

  2. If, during any season, it is impracticable to supply to any occupier the number of unit quantities or unit rates of supply agreed to be allocated or supplied to him under this Part, the charge payable by that occupier for that season shall be reduced by such amounts as the Minister considers reasonable.

  3. Notwithstanding subsection (2), in any case where a charge is payable under a water availability agreement, the charge payable under section 214 shall not be affected by the operation of this section.

Compare
  • 1975 No 138 s 23
Notes
  • Section 218(1): substituted, on , by section 66(1) of the Public Works Amendment Act 1988 (1988 No 43).
  • Section 218(1): 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 218(1): amended, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
  • Section 218(2): amended, on , by section 66(2) of the Public Works Amendment Act 1988 (1988 No 43).