57ZBRegulations relating to protecting consumers of water services

1. The Governor-General may, on the recommendation of the Minister, make regulations relating to protecting consumers of water services, including regulations for all or any of the following:

2. prescribing the information that water services suppliers must provide to consumers, including how a consumer may make a complaint to a supplier:
3. prescribing requirements relating to consumer complaints that water services suppliers must meet, including—
   1. requirements for investigating consumer complaints:
   2. the time frame for investigating consumer complaints:
   3. notifying decisions on consumer complaints (including any action that was taken to resolve the matters that gave rise to the complaint):
   4. records that suppliers must keep about consumer complaints:
4. prescribing requirements for annual reporting about consumer complaints to the Commission by water services suppliers, including the number of complaints that have been received and the outcome of complaints, including any action taken:
5. prescribing requirements relating to how, and in what manner, water services suppliers must provide access to an external consumer dispute resolution process, for example, by setting up a regulated scheme, or requiring suppliers to appoint their own scheme subject to any criteria set in the regulations:
6. prescribing offences for the breach of the regulations:
7. prescribing the maximum fine for each offence prescribed under paragraph (e), which must not,—
   1. in the case of an individual, exceed $10,000; and
   2. in any other case, exceed $200,000:
8. providing for any other matters relating to consumer protection in respect of water services that the Minister thinks necessary for the purpose of this Part.

9. The Minister may make a recommendation on the Minister’s own initiative or following a recommendation from the Commission.

10. The Commission may make a recommendation to the Minister only after—

11. considering—
    1. whether consumer interests are adequately protected, and the purpose of this Part is adequately promoted, or would be better protected or promoted by the proposed regulations; and
    2. whether the proposed regulations would unduly duplicate other requirements that apply to water services and water services suppliers; and
    3. any other matters that the Commission considers relevant; and
12. consulting the Water Services Authority—Taumata Arowai and other interested persons.

13. The Minister may make a recommendation only—

14. if the Minister is satisfied that the proposed regulations would better achieve the purpose of this Part; and
15. if the Minister is satisfied that the proposed regulations would not unduly duplicate other requirements that apply to water services and suppliers; and
16. after consulting the Minister responsible for the Water Services Authority—Taumata Arowai, the Minister responsible for the administration of the Water Services Act 2021, and the Commission; and
17. in the case of regulations relating to external dispute resolution, if the Minister is satisfied that consumers of water services do not have, and are unlikely to have, adequate dispute resolution procedures unless the proposed regulations are made.

18. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).