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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

163: Owner’s notice of consent and conditions

You could also call this:

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

Illustration for Local Government (Water Services) Act 2025

If you own land and get a notice from a water service provider, you must respond in writing within 10 working days. You can give unconditional consent, decline consent, or give consent with conditions for the provider to enter your land and do work as specified in section 161(1). Your response will depend on the type of entry and work the provider wants to do on your land.

If the provider wants to enter your land for certain types of work, as outlined in section 161(1)(a), you can choose to give unconditional consent, decline consent, or give consent with reasonable conditions. For other types of work, as specified in section 161(1)(b), (c), or (d), you can impose reasonable conditions or advise the provider that you are not imposing any conditions.

You should be aware that there are some special rules if your land is Māori-owned and has a marae, urupā, or is set aside as a Māori reservation. In these cases, the rules for responding to the notice might be different, and you may need to follow the process outlined in section 162(4).

Any conditions you impose must be reasonable and cannot delay the entry by more than 15 working days, require payment, or stop the provider from doing their job as outlined in section 161. If you do not respond to the notice on time, the provider may be able to start the work without your consent, and you will not be able to decline consent or impose conditions later.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004491.

Topics:
Environment and resources > Food and water safetyGovernment and voting > Local councilsHousing and property > Land useMāori affairs > Māori land
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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"

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

163Owner’s notice of consent and conditions

  1. An owner of land who receives a notice under section 162 must, within 10 working days, give written notice to the water service provider,—

  2. for entry and work specified in section 161(1)(a),—
    1. giving unconditional consent; or
      1. declining consent; or
        1. giving consent subject to reasonable conditions; or
        2. for entry and work specified in section 161(1)(b), (c), or (d),—
          1. imposing any reasonable conditions the owner wishes to impose on the entry or the work; or
            1. advising the water service provider that the owner is not imposing any conditions.

            2. Despite subsection (1), if an owner of land receives notice under section 162(4), the owner—

            3. may notify the water service provider of their response in the same way that the provider gave notice; and
              1. must notify the provider as soon as is reasonably practicable but no later than required under subsection (1).

                1. Subsection (4) applies if the land is Māori-owned land that is—

                2. land on which a marae or an urupā is situated; or
                  1. set aside as a Māori reservation.

                    1. The owner’s notice under subsection (1) in relation to entry and any work specified in section 161(1) must—

                    2. give unconditional consent; or
                      1. decline consent; or
                        1. give consent subject to reasonable conditions.

                          1. A condition imposed by an owner of land—

                          2. may include conditions as to the time and manner of entry onto the relevant land; but
                            1. may not—
                              1. delay the entry by more than 15 working days; or
                                1. require monetary or other consideration; or
                                  1. otherwise defeat the ability of the water service provider to exercise effectively its powers under section 161; or
                                    1. limit or override any legally binding agreement (whether new or existing) between the owner of the land and the water service provider relating to water services.

                                    2. If the owner of the land fails to comply with subsection (1)(b), or with subsection (2) in relation to entry and work specified in section 161(1)(b), (c), or (d), within 10 working days after being notified of the proposed entry and work,—

                                    3. a later notice declining consent, or imposing conditions, has no effect; and
                                      1. the internal review process does not apply; and
                                        1. the water service provider may start the work.

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