Local Government (Water Services) Act 2025

Structural arrangements for providing water services - Water organisations - Governance of water organisations: consumer trusts

55: Trust deed: Secretary approval

You could also call this:

"Getting Secretary approval for a consumer trust deed to follow the rules"

Illustration for Local Government (Water Services) Act 2025

If you want to set up a consumer trust, you need to ask the Secretary to approve the trust deed. The Secretary will check the trust deed to make sure it follows the rules of the Local Government (Water Services) Act 2025 and any other relevant rules. You cannot establish the trust until the Secretary is satisfied and approves the trust deed.

If the Secretary is not happy with the trust deed, they can ask you to make changes to it. You will need to amend the draft trust deed as requested by the Secretary. This is all part of making sure the trust deed is consistent with the Act and any regulations made under it.

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This page was last updated on 31 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004347.

Topics:

Government and voting > Local councilsHealth and wellbeing > Food and water safety

54: Trust deed: specific limitations, or

"Rules to stop councils controlling consumer trust decisions"

56: Trustees: election, term, and scope of role, or

"Who can be a water organisation trustee and what they can do"

Part 2Structural arrangements for providing water services
Water organisations: Governance of water organisations: consumer trusts

55Trust deed: Secretary approval

A territorial authority that proposes to establish a consumer trust must ask the Secretary to approve the proposed trust deed.
The trust cannot be established unless the Secretary reviews the draft trust deed and approves it on being satisfied that it is consistent with this Act and any regulations made under this Act.
The Secretary may ask the territorial authority to amend the draft trust deed.