4Interpretation

1. In this Act, unless the context otherwise requires,—

   Auckland water organisation has the meaning set out in section 4(1) of the Local Government (Auckland Council) Act 2009

   board, in relation to a water organisation, includes the governing body of the organisation if the organisation is not a company

   building consent has the meaning set out in section 7(1) of the Building Act 2004

   claimant group means a group of Māori with Treaty of Waitangi claims against the Crown under the Treaty of Waitangi Act 1975, whether or not those claims have been submitted to, or inquired into by, the Waitangi Tribunal

   collective area has the meaning set out in section 27(9)

   consumer means a person who consumes, uses, is provided with, or benefits from the provision of, water services

   consumer trust means a trust—

   1. that has—
      1. been established under subpart 3 of Part 2; and
      2. had shares in a water organisation allocated or transferred to or vested in its trustees; and
   2. whose trustees continue to hold shares described in paragraph (a)(ii)

   corridor manager has the meaning set out in section 4 of the Utilities Access Act 2010

   council-controlled organisation has the meaning set out in section 6 of the LGA 2002

   district means the district of a territorial authority

   district plan, in relation to a territorial authority, has the meaning set out in section 43AA of the Resource Management Act 1991

   drinking water has the meaning set out in section 6 of the Water Services Act 2021

   financial year means a period of 12 months ending on 30 June

   foundation documents, in relation to a water organisation, means—

   1. the shareholders' agreement (if there is more than 1 shareholder); and
   2. either—
      1. the organisation’s constitution, if it has one; or
      2. if the organisation does not have a constitution, all rules and other documents that establish or govern the water organisation

   generally accepted accounting practice has the meaning set out in section 8 of the Financial Reporting Act 2013

   green water services infrastructure means a natural, semi-natural, or engineered area, feature, or process that mimics natural areas, features, or processes that are planned or managed to provide water services

   group of water services activities means all of the water services activities provided by, or on behalf of, a water service provider as part of providing one of the following:

   1. water supply services:
   2. stormwater services:
   3. wastewater services

   joint water service provider arrangement means an arrangement entered into by 2 or more water service providers for one or both of the following purposes:

   1. providing water services or any aspect of water services in the providers’ combined service areas:
   2. providing for any matters relating to providing water services (for example, a shared service agreement for technical or administrative support)

   LGA 2002 means the Local Government Act 2002

   Māori customary land has the meaning set out in section 4 of Te Ture Whenua Maori Act 1993

   Māori freehold land has the meaning set out in section 4 of Te Ture Whenua Maori Act 1993

   Māori land has the meaning set out in section 4 of Te Ture Whenua Maori Act 1993

   Māori-owned land means any or all of the following:

   1. Māori land:
   2. a Māori reservation:
   3. any land on which a marae or an urupā is situated:
   4. a reserve that, under a Treaty settlement Act,—
      1. is vested in a post-settlement governance entity; or
      2. is administered by a post-settlement governance entity, whether as the administering body or when performing a role in the administering body

   Māori reservation has the meaning set out in section 4 of Te Ture Whenua Maori Act 1993

   Māori Trustee has the meaning set out in section 4 of Te Ture Whenua Maori Act 1993

   overland flow path means—

   1. a low point in terrain (other than a watercourse)—
      1. where surface runoff flows; and
      2. that receives water from an upstream contributing catchment larger than 4,000 m²; or
   2. any other location identified as an overland flow path in a stormwater network risk management plan

   owner, in relation to land,—

   1. includes the occupier if the land is not Māori-owned land; and
   2. if the land is Māori-owned land,—
      1. means the person or administering body that has lawful authority (including under Te Ture Whenua Maori Act 1993 or any other Act) to—
         1. receive a notification under section 162; and
         2. consent to, or impose conditions on, any proposed entry and work under section 163; and
         3. engage in all processes and other matters under this subpart that arise from an action described in subsubparagraph (A) or (B); and
      2. includes the occupier for the following purposes:
         1. being notified under section 162 of a water service provider’s intention to enter land and carry out work under section 161(1)(b), (c), or (d):
         2. imposing reasonable conditions under section 163(1)(b):
         3. engaging in all processes and other matters under this subpart that arise from an action described in subsubparagraph (A) or (B)

   post-settlement governance entity—

   1. means a body corporate or the trustees of a trust established by a claimant group for the purposes of receiving redress or participating in arrangements established under a Treaty settlement Act; and
   2. includes an entity established to represent a collective or combination of claimant groups

   publicly available, in relation to information of any kind, means that the person or body making the information publicly available must take reasonable steps to—

   1. ensure that the information or a copy of it is accessible to the general public in a manner appropriate to the nature of the information and the purpose of its publication, including, where practicable, on the person's or body’s internet site; and
   2. publicise, in a manner appropriate to the purpose and significance of the information, both the fact that the information (or a copy of it) is available and the manner in which the information (or the copy) may be accessed

   rating information database has the meaning set out in section 5 of the Local Government (Rating) Act 2002

   regulatory requirement means a requirement, responsibility, or obligation of any kind imposed, by or under this or any other Act,—

   1. on water service providers; or
   2. in relation to providing water services

   Secretary means the Secretary for Local Government

   service area, in relation to a water service provider—

   1. that is a territorial authority, a regional council, or an Auckland water organisation,—
      1. means—
         1. the provider’s district or region as listed in Schedule 2 of the LGA 2002; and
         2. any additional area in which the provider provides water services under any kind of agreement or arrangement entered into under Part 2; and
      2. includes any infrastructure located outside the area described in subparagraph (i) that the provider uses to provide services within the area; and
   2. that is a water organisation, means the area specified in 1 or more transfer agreements under section 12 or 15

   shareholder means one of the following that holds shares in a water organisation:

   1. a territorial authority:
   2. the trustees of a consumer trust:
   3. any other body that is permitted to hold shares under an exemption granted under section 66

   significance and engagement policy, in relation to a water service provider, means,—

   1. for a territorial authority, the significance and engagement policy that the authority adopts under section 76AA of the LGA 2002; and
   2. for a water organisation, the significance and engagement policy that the organisation adopts under section 35

   specified serious risk has the meaning set out in section 256

   statement of expectations has the meaning set out in section 220

   stormwater network—

   1. means the water services infrastructure and processes that are—
      1. used to provide a stormwater service; and
      2. owned by, or operated by, for, or on behalf of, a water service provider; and
   2. includes any of the following that receives stormwater from, or conveys stormwater to, the infrastructure referred to in paragraph (a):
      1. an overland flow path:
      2. green water services infrastructure:
      3. a watercourse; and
   3. in subpart 6 of Part 3 (management of stormwater networks), also includes the matters referred to in section 199(2)

   stormwater network bylaw means a water services bylaw that relates to stormwater networks (see section 206)

   stormwater network risk management plan—

   1. means a stormwater network risk management plan prepared, adopted, and implemented by a water service provider (see section 201); and
   2. includes any of the following prepared by water service providers under section 202:
      1. a separate plan for an aspect of a stormwater network:
      2. a joint plan

   stormwater service zone means a geographic area (comprising 1 or more urban areas and land adjacent to 1 or more of those urban areas) within a water service provider’s service area that provides stormwater services to, or receives stormwater services from, the stormwater network

   stormwater services—

   1. means the collection, treatment, drainage, reuse, or discharge of stormwater in an urban area or any stormwater service zone; but
   2. does not include any of those services relating to a transport corridor

   strategic water services asset, for a water service provider,—

   1. means water services infrastructure or another asset or group of assets without which the provider is unable—
      1. to meet its regulatory requirements; or
      2. to maintain its capacity to achieve the outcomes set out in its water services strategy; and
   2. includes an asset or a group of assets listed as strategic water services assets in the provider’s significance and engagement policy

   tankered waste—

   1. means water or other liquid, including waste matter in solution or suspension, that is conveyed by vehicle for disposal; but
   2. does not include domestic wastewater that is discharged directly from houses, caravans, buses, or similar vehicles

   territorial authority has the meaning set out in section 5(1) of the LGA 2002

   trade waste—

   1. means—
      1. any waste that is produced in the course of an industrial, commercial, or trade process or operation, or in a related process or operation, and discharged into a wastewater network; and
      2. any tankered waste; but
   2. does not include any class of waste or material that has been specified not to be trade waste by a trade waste discharge plan made under section 185

   trade waste services has the meaning set out in section 86(7)

   transfer agreement means an agreement entered into with a water organisation by—

   1. a territorial authority under section 12 or 15; or
   2. a regional council under section 42

   transport corridor has the meaning set out in section 4 of the Utilities Access Act 2010

   Treaty settlement Act means—

   1. an Act listed in Schedule 3 of the Treaty of Waitangi Act 1975; or
   2. any other Act that provides redress for Treaty of Waitangi claims, including Acts that provide collective redress or participation arrangements for claimant groups whose claims are, or are to be, settled by another Act, including—
      1. the Maori Commercial Aquaculture Claims Settlement Act 2004:
      2. the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014:
      3. the Nga Wai o Maniapoto (Waipa River) Act 2012:
      4. the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010:
      5. the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 and secondary legislation that gives effect to section 10 of that Act and is made under Part 9 of the Fisheries Act 1996

   Treaty settlement deed—

   1. means a deed or other agreement that—
      1. has been signed by or on behalf of a Minister of the Crown and representatives of a group of Māori; and
      2. is in settlement of the claims of that group or in express anticipation, or on account, of that settlement; and
   2. to avoid doubt, includes a deed or other agreement of the kind described in paragraph (a) that relates to the claims of a collective or combination of Māori groups; but
   3. does not include an agreement in principle or any document that is preliminary to a signed and ratified deed

   Treaty settlement obligations means an obligation under a Treaty settlement Act or a Treaty settlement deed

   trustee, in relation to a consumer trust, means a trustee of that trust

   urban area—

   1. means an area identified in a district plan or proposed district plan as being primarily zoned for residential, industrial, or commercial activities, together with adjoining special-purpose and open-space zones, however described; but
   2. does not include an area zoned primarily for rural or rural-residential activities, however described

   wastewater network means the infrastructure and processes that are—

   1. used to provide a wastewater service; and
   2. owned by, or operated by, for, or on behalf of, a water service provider

   wastewater services means the collection, treatment, storage, transmission (including metering), or discharge of wastewater from consumers

   water organisation means—

   1. a water organisation established under section 44; or
   2. a council-controlled organisation that,—
      1. immediately before the commencement of this Act (the commencement date), was providing water services or had been established for the purpose of providing water services; and
      2. intends to provide water services on and after the commencement date; and
      3. after 6 months after the commencement date, complies with the following (unless exempted by an order made under section 66):
         1. the requirement that a water organisation be a company, unless exempted, as set out in section 45(1):
         2. the ownership requirements for water organisations set out in section 45(2)(a) or (b):
         3. the role requirement set out in section 46:
         4. applicable requirements of board members set out in section 48; or
   3. an Auckland water organisation in relation to—
      1. its responsibilities for water supply and wastewater services, as defined in section 4(1) of the Local Government (Auckland Council) Act 2009, in Auckland; and
      2. any other water services, if responsibilities are transferred by Auckland Council to an Auckland water organisation using a transfer agreement under section 12 or 15 of this Act

   water service provider (or provider) means—

   1. a territorial authority that has not transferred to a water organisation all of the authority’s responsibility for providing water services, in relation to the water services for which the authority continues to have responsibility; or
   2. a water organisation to which a territorial authority or a regional council has transferred responsibility for providing water services, in relation to the responsibility transferred; or
   3. a regional council that has not transferred to a water organisation all of the council’s responsibility for providing water services, in relation to any water services for which the council continues to have responsibility; or
   4. an Auckland water organisation, in relation to—
      1. its responsibilities for water supply and wastewater services, as defined in section 4(1) of the Local Government (Auckland Council) Act 2009, in Auckland; and
      2. any other water services, if responsibilities are transferred by Auckland Council to an Auckland water organisation using a transfer agreement under section 12 or 15 of this Act

   water services means any or all of the following:

   1. water supply services:
   2. stormwater services:
   3. wastewater services

   water services activity means a good or service provided by, or on behalf of, a water service provider as part of providing water services in the provider’s service area

   water services annual budget has the meaning set out in section 220

   water services annual report has the meaning set out in section 220

   Water Services Authority means the Water Services Authority—Taumata Arowai established by section 8 of the Water Services Authority—Taumata Arowai Act 2020

   water services bylaw means a bylaw made under section 258 that relates to water services

   water services charges means charges set under section 86 or 253

   water services infrastructure—

   1. means infrastructure that is associated with, or necessary for, providing water services; and
   2. includes the capability and capacity of that infrastructure to perform necessary processes, including the attenuation, treatment, and conveyance of water

   water services networks means the following networks in a territorial authority’s district or a water service provider’s service area:

   1. water supply networks:
   2. stormwater networks:
   3. wastewater networks

   water services strategy has the meaning set out in section 220

   water supply network means the infrastructure and processes that are—

   1. used to provide a water supply service; and
   2. owned by, or operated by, for, or on behalf of, a water service provider

   water supply service means the abstraction, storage, treatment, or transmission (including metering) of water for supply to consumers if any of the water supplied is intended to be used as drinking water

   watercourse includes a river, stream, passage, and channel on or under the ground, whether natural or not,—

   1. along which water flows continuously; and
   2. that receives stormwater from, or discharges stormwater to, a stormwater network.