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Local Government (Water Services) Act 2025

Structural arrangements for providing water services - Responsibility for providing water services - Decisions about structural arrangements

31: Consultation required

You could also call this:

"Councils must talk to people before making big changes that affect them"

Illustration for Local Government (Water Services) Act 2025

When a territorial authority wants to make a change, you need to know they have to talk to people about it. The authority must consult with you if the change affects you or if you have an interest in it. They have to give you a chance to share your thoughts on the change.

The authority has to follow certain rules when consulting with you, which are outlined in section 32 and sometimes section 33(1). If the authority makes big changes to the proposal after talking to you, they might have to consult with you again.

The authority can decide whether to talk to you again by thinking about what they already know about your views and how much the change will affect you. They also use a policy to help them figure out if a change is significant and how to engage with you about it, which is related to section 32 and section 28(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004320.

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Government and voting > Local councilsEnvironment and resources > Food and water safety
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30: Identification and assessment of options, or

"Looking at different choices for changing water services"

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32: Information to be made publicly available, or

"Councils must share information with the public when changing water services, so you can understand and give feedback on their plans."

Part 2Structural arrangements for providing water services
Responsibility for providing water services: Decisions about structural arrangements

31Consultation required

  1. The territorial authority—

  2. must consult on a change proposal; and
    1. in addition,—
      1. if the consultation results in significant amendment to the proposal, must consult on the amended proposal; and
        1. may undertake further consultation at any stage of the decision-making process.

        2. All consultation on a change proposal must—

        3. be undertaken in accordance with this section and section 32 and, if applicable, with regard to the matters set out in section 33(1); and
          1. give persons who will or may be affected by, or who have an interest in, the change proposal an opportunity to present their views on the proposal to the authority.

            1. When deciding whether to undertake consultation under subsection (1)(b)(i), the territorial authority may have regard to—

            2. the extent to which the authority already knows the views and preferences of persons likely to be affected by, or to have an interest in, the change proposal; and
              1. the nature and significance of the change proposal, including its likely impact from the perspective of the persons who will or may be affected by, or have an interest in, the change proposal.

                1. A territorial authority must use its significance and engagement policy to help the authority to determine—

                2. whether an amendment to a change proposal is significant for the purposes of subsection (1)(b)(i); and
                  1. the significance of a change proposal for the purposes of subsection (3)(b); and
                    1. if the authority has determined a change proposal to be significant under the policy, matters of engagement that support consultation requirements under this section and section 32; and
                      1. for the purposes of section 28(1), whether—
                        1. an asset is a strategic water services asset; and
                          1. a proposed change to the level of service provided is significant.

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