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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 - Work on level crossings

176: Power to enter level crossing and carry out work

You could also call this:

"Water providers can enter level crossings to do work, like fixing pipes, with permission or a court order."

Illustration for Local Government (Water Services) Act 2025

If you are a water service provider, you can enter a level crossing in your area to do work. You can construct, maintain, or replace water services infrastructure on, along, over, across, or under the level crossing. You can also remove any obstructions or blockages related to water services infrastructure.

You must try to negotiate with the level crossing owner to get their consent before entering the level crossing. You must also follow any reasonable conditions set by the owner, other people with jurisdiction over the level crossing, and utility operators whose infrastructure may be affected.

If you cannot negotiate consent, you can apply to the District Court for an order to enter the level crossing and do the work. The court may make an order if it is satisfied that the work is necessary or desirable for providing water services, and that you have taken all reasonable steps to negotiate an agreement. You can find the meaning of rail personnel in section 4(1) of the Railways Act 2005.

You must give the level crossing owner at least 15 working days' notice before applying to the court. The court may impose conditions on how and when you can enter the level crossing, and what equipment you can use. The work must be carried out in a way that ensures the safety of all rail personnel and members of the public on the level crossing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004519.

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175: Failure to notify conditions, or

"What happens if you don't tell the water service provider about important conditions?"

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177: Urgent work permitted, or

"Urgent water work can be done without notice in emergencies or to fix serious risks"

Part 3Provision of water services: operational matters
Accessing land to carry out water services infrastructure work: Work on level crossings

176Power to enter level crossing and carry out work

  1. A water service provider may enter a level crossing in its service area and carry out any of the following work:

  2. constructing, placing, operating, inspecting, maintaining, altering, renewing, or replacing water services infrastructure (or an overland flow path or a watercourse) on, along, over, across, or under the level crossing:
    1. removing any obstruction or blockage relating to water services infrastructure (or an overland flow path or a watercourse), or clearing any flora that constitutes a risk to water services infrastructure (or to an overland flow path or a watercourse) on, along, over, across, or under the level crossing:
      1. for the purposes of paragraphs (a) and (b),—
        1. working in the level crossing (including excavating or breaking up a level crossing):
          1. altering the position of, or altering, repairing, or removing, any gas, electricity, or telecommunications infrastructure or any part of that infrastructure on, along, over, across, or under the level crossing.

          2. The provider must take all reasonable steps to negotiate consent to the proposed entry and work with the level crossing owner.

          3. In addition, the provider must enter the level crossing and carry out the proposed work in accordance with any reasonable conditions imposed by—

          4. the level crossing owner; and
            1. any other person with jurisdiction over the level crossing; and
              1. utility operators whose infrastructure (including pipes and lines) is likely to be affected by the work.

                1. The provider, if unable to negotiate consent, may apply to the District Court for an order authorising the provider to enter the level crossing and carry out the work.

                2. The provider must give the owner of the level crossing at least 15 working days’ notice of its intention to apply to the court.

                3. The court may, if satisfied that the requirements set out in subsection (7) have been met, make an order—

                4. authorising the provider to enter the level crossing and carry out the work specified in the order; and
                  1. imposing any conditions that the court considers appropriate, including conditions about—
                    1. how and when entry may be made; and
                      1. entry being with or without the assistants, aircraft, boats, vehicles, appliances, machinery, and equipment that are reasonably necessary for the work.

                      2. The requirements are that—

                      3. carrying out the work is necessary or desirable for providing water services in the provider’s service area; and
                        1. the work will be carried out in a manner that ensures the safety of all rail personnel and members of the public on the level crossing; and
                          1. the provider has taken all reasonable steps to negotiate an agreement for entry onto the level crossing; and
                            1. in relation to the construction or placement of the water services infrastructure, no practical alternative route exists.

                              1. In subsection (7), rail personnel has the meaning set out in section 4(1) of the Railways Act 2005.

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