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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 - Appeal about conditions by water service provider

178: Appeal about conditions relating to work on roads and level crossings

You could also call this:

"Appealing road and level crossing work conditions for water service providers"

Illustration for Local Government (Water Services) Act 2025

If you are a water service provider, you can appeal to the District Court about conditions related to work on roads and level crossings. You can appeal against all or some of the conditions imposed under section 172(2) or section 176(3).

You must lodge your appeal within 45 working days of being notified about the conditions, or within a longer time frame if the court allows it.

When the court makes a decision about your appeal, it can choose to keep the conditions the same, change them, or get rid of them altogether. The court's decision is final, meaning you cannot appeal it further.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004523.

Topics:
Government and voting > Local councilsEnvironment and resources > Food and water safety
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Part 3Provision of water services: operational matters
Accessing land to carry out water services infrastructure work: Appeal about conditions by water service provider

178Appeal about conditions relating to work on roads and level crossings

  1. A water service provider may appeal to the District Court against all or any of the conditions imposed under section 172(2) or 176(3).

  2. The provider must lodge the appeal—

  3. no later than 45 working days after the date of notification of the conditions; or
    1. within any further time that the court allows.

      1. In its determination of any appeal, the court may confirm, modify, or cancel any or all of the conditions.

      2. The decision of the court in the determination of an appeal under this section is final.

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