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Commerce Act 1986

Regulated goods or services - Water services

57B: Order in Council declaring water services

You could also call this:

"A special rule about what counts as water services, made by the Governor-General after advice from a government Minister."

Illustration for Commerce Act 1986

The Governor-General can make an Order in Council about water services if the Minister recommends it. You might wonder what this means - the Minister is a government official who advises the Governor-General. The Minister can recommend that certain services involving water be declared as stormwater, wastewater, or water supply services. The Minister can also recommend that some services are not classified as these types of services.

The Minister must be satisfied that the Commission has recommended the same thing and has talked to people who are interested in the decision. The Commission is a group that helps the government make decisions about certain things. Before the Commission makes a recommendation, it must think about the good and bad things that might happen if the services are declared in a certain way.

If the Governor-General makes an Order in Council, it is a type of law called secondary legislation - you can learn more about what this means by looking at Part 3 of the Legislation Act 2019. This law says how these types of laws must be published so people can see them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1505965.

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Part 4Regulated goods or services
Water services

57BOrder in Council declaring water services

  1. The Governor-General may, on the recommendation of the Minister, make an Order in Council declaring—

  2. 1 or more services that involve water to be a stormwater service, a wastewater service, or a water supply service; or
    1. 1 or more services not to be a stormwater service, a wastewater service, or a water supply service.

      1. Before recommending that an Order in Council be made, the Minister must be satisfied that—

      2. the Commission has made a recommendation to the same effect; and
        1. the Commission has consulted with interested parties.

          1. Before making a recommendation under subsection (2)(a), the Commission must assess the benefits, in meeting the purpose of this Part, of the proposed declaration against the costs of the proposed declaration.

          2. An order made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Notes
          • Section 57B: inserted, on , by section 14 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).