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Local Government (Water Services) Act 2025

Provision of water services: operational matters - Management of stormwater networks - Obligations of owners of private land

209: Private owner who impairs stormwater flow

You could also call this:

"Fixing stormwater problems on your private land"

Illustration for Local Government (Water Services) Act 2025

If you own private land and do something that stops stormwater flowing properly, this section applies to you. This can happen if you do something against a stormwater network bylaw or without a resource consent required under the Resource Management Act 1991.

You must fix the problem as soon as you can or pay the costs of fixing it. The water service provider will fix the problem and you will have to pay them for it.

You do not have to fix the problem if it was caused by someone else, someone else breaking the rules, or a natural disaster.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004575.

Topics:
Environment and resources > Town planningGovernment and voting > Local councils
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208: Water service provider and private owner to manage critical infrastructure risks, or

"Water suppliers and owners must work together to fix big problems with important water systems."

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210: Private owner to notify water service provider of proposed activity, or

"Tell the water service provider before you start work on your land that might affect stormwater."

Part 3Provision of water services: operational matters
Management of stormwater networks: Obligations of owners of private land

209Private owner who impairs stormwater flow

  1. This section applies if any activity of a private owner impairs the capacity of an overland flow path or watercourse to receive stormwater from, or take stormwater to, other infrastructure in the network—

  2. in contravention of a stormwater network bylaw; or
    1. without a resource consent required under the Resource Management Act 1991 for the activity.

      1. The private owner must—

      2. remedy the impairment as soon as practicable; or
        1. pay the reasonable costs incurred by the water service provider in remedying the impairment.

          1. The private owner is not required to remedy an impairment to which this section relates that is caused by—

          2. an act or omission of another person in relation to other land; or
            1. a breach of this Act or of any regulations, bylaws, or rules made under this Act, by another person in relation to other land; or
              1. a natural disaster.