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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

162: Notification of proposed entry and work

You could also call this:

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

Illustration for Local Government (Water Services) Act 2025

Before a water service provider enters your land to do some work, they must tell you about it. They must give you a written notice that says what work they want to do, where and when they will do it, and why. The notice must also ask you to respond within 10 working days to say if you agree to the work and what conditions you want.

The water service provider must give you this notice at least 30 working days before they enter your land, unless the work is urgent or they are just maintaining existing infrastructure. If the work is urgent, they must follow the rules in section 177. If they are just operating or inspecting existing infrastructure, they can give you reasonable notice by phone or in another way they think is suitable.

If the water service provider needs to change the date or time of the work, they must tell you in writing and give you a reasonable amount of time before the work starts. If your land is Māori-owned, the water service provider must also notify the marae, trustees, or Māori Trustee, depending on the situation. If you sell your land after the water service provider gives you notice, they do not need to give the new owner a new notice before doing the work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004490.

Topics:
Environment and resources > Food and water safetyGovernment and voting > Local councilsHousing and property > Land useMāori affairs > Māori land
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161: Power to enter land and carry out work, or

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

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163: Owner’s notice of consent and conditions, or

"Telling a water service provider if you agree to them working on your land"

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

162Notification of proposed entry and work

  1. Before a water service provider enters land and carries out any work specified in section 161(1), it must notify the owner of the land of its intention to enter the land and carry out the work.

  2. A notice under subsection (1) must—

  3. be in writing; and
    1. be given within the relevant time specified in subsection (3); and
      1. specify the following:
        1. the land where the relevant infrastructure (or, if applicable, the relevant overland flow path or watercourse) is located:
          1. any adjacent land that must also be entered to carry out the work:
            1. the location of the proposed entry:
              1. the date and time of the proposed entry:
                1. the nature of the work to be carried out and the reasons for it:
                  1. the length of time that an officer, employee, or agent of the provider expects to be on the land or in any building on the land; and
                  2. ask the owner to respond to the notice within 10 working days, including in relation to consent and conditions (as applicable).

                    1. A water service provider must give notice in writing—

                    2. at least 30 working days before the proposed entry onto the land, unless paragraph (b) or (c) applies; or
                      1. if the proposed work is maintaining, completing, altering, renewing, or replacing existing water services infrastructure or an existing overland flow path or watercourse, at least 10 working days before the proposed work is to start; or
                        1. in accordance with section 177, for urgent work to which that section applies.

                          1. Despite subsection (2)(a) and (b), if the proposed work is operating or inspecting existing water services infrastructure or an existing overland flow path or watercourse, a water service provider must give reasonable notice by telephone or in any other manner that the provider considers appropriate.

                          2. If there is any change to the date or time of a proposed entry, the water service provider must—

                          3. notify the owner in writing of the change; and
                            1. give the owner a reasonable time before the proposed work is to start.

                              1. If the land is or includes Māori-owned land, the water service provider must also notify the following in accordance with this section:

                              2. the marae, if a marae is situated on the land:
                                1. the trustees of the principal marae of the hapū that is associated with the land if—
                                  1. an urupā, but no marae, is situated on the land; or
                                    1. the land has been set apart as a Māori reservation:
                                    2. if the land is Māori customary land,—
                                      1. the trustees of the principal marae of the hapū that is associated with the land; and
                                        1. the Māori Trustee.

                                        2. If there is a change of owner of the land after the provider gives notice under this section, the provider is not required to give a new notice to the new owner before the proposed work is done.

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