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Local Government (Water Services) Act 2025

Provision of water services: operational matters - Accessing land to carry out water services infrastructure work - General requirements

161: Power to enter land and carry out work

You could also call this:

"Water providers can enter land to build or fix water services with the owner's consent"

Illustration for Local Government (Water Services) Act 2025

If you are a water service provider, you can enter land to do work for water services. You can construct water services infrastructure on, over, or under land. You can also manage risks, operate, and maintain water services infrastructure.

You need the land owner's written consent to construct or place water services infrastructure on their land. Alternatively, you can follow an internal review determination under section 167 or a court order under section 168. You must follow any reasonable conditions imposed by the land owner when managing risks or operating and maintaining water services infrastructure.

There are some exceptions to this rule, such as land owned by the Crown. This rule also does not apply to land held under the Conservation Act 1987 or certain other Acts. However, it does apply to land administered by a local authority under the Reserves Act 1977.

This rule does not apply to roads or level crossings, which are covered under sections 172 to 176.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004489.

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160: Interpretation, or

"What special words mean in this law"

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162: Notification of proposed entry and work, or

"Water providers must tell you in writing before doing work on your land"

Part 3Provision of water services: operational matters
Accessing land to carry out water services infrastructure work: General requirements

161Power to enter land and carry out work

  1. A water service provider may enter land and carry out any of the following work that it considers necessary or desirable for the provision of water services in its service area:

  2. constructing or placing water services infrastructure on, over, or under land or under a building on land:
    1. managing, controlling, monitoring, or eliminating any risks relating to water services infrastructure and processes:
      1. operating, inspecting, maintaining, completing, altering, renewing, or replacing any water services infrastructure and processes on, over, or under land or under a building on land:
        1. carrying out work in relation to an overland flow path or watercourse.

          1. A water service provider may exercise the powers specified in subsection (1)(a) only—

          2. with the prior written consent of, and in accordance with any reasonable conditions imposed by, the owner of the land; or
            1. in accordance with an internal review determination under section 167 or a court order under section 168.

              1. A water service provider must exercise the power specified in subsection (1)(b), (c), or (d) in accordance with—

              2. any reasonable conditions imposed by the owner of the land; or
                1. an internal review determination under section 167 or a court order under section 168.

                  1. Subsection (1)(a) does not apply to—

                  2. land owned by the Crown; or
                    1. land held or administered under the Conservation Act 1987 or any of the Acts specified in Schedule 1 of that Act.

                      1. Despite subsection (4)(b), subsection (1)(a) applies to land administered by a local authority under the Reserves Act 1977.

                      2. Subsection (1) does not apply to a road or a level crossing (see sections 172 to 176).

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