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Local Government (Water Services) Act 2025

Miscellaneous provisions - Water services bylaws

258: Power to make water services bylaws

You could also call this:

"Councils can make rules about water services in their area"

Illustration for Local Government (Water Services) Act 2025

A territorial authority can make rules called water services bylaws for its area. You live in a district with a territorial authority that makes these rules to regulate things like connections to water supply networks, as described in section 147. They can also make rules about managing stormwater networks, which is explained in section 206.

The territorial authority can make rules about many things, including trade waste, which is talked about in section 187(3), and conserving drinking water. They can also make rules about discharging domestic waste and sewage, and the use of equipment for providing water services.

A water services bylaw can let a water service provider give permits for activities related to water services and charge fees for these permits, following section 150(1) to (4) of the LGA 2002. If a territorial authority makes a bylaw, it must make the bylaw available for you to see, either at their office or on their website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004583.

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257: Regulations, or

"Rules made by the Governor-General to help carry out the water services law"

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259: Water organisation may propose making, amending, or revoking water services bylaw, or

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Part 5Miscellaneous provisions
Water services bylaws

258Power to make water services bylaws

  1. A territorial authority may make water services bylaws for its district for the purposes of regulating 1 or more of the following matters:

  2. connections to, and disconnections from, a water supply network, a stormwater network, or a wastewater network (see section 147):
    1. a matter related to trade waste specified in section 187(3):
      1. managing a stormwater network (including bylaws to support a water service provider’s stormwater network risk management plan) (see section 206):
        1. a matter that is proposed or recommended in a source water risk management plan (see section 260):
          1. the provision of water services:
            1. conserving drinking water provided in the territorial authority’s district:
              1. discharging domestic waste and sewage:
                1. the use of equipment or devices for the purposes of providing water services.

                  1. A water services bylaw may authorise a water service provider to grant and administer permits (including charging fees for permits) for activities that may be undertaken in relation to water services.

                  2. If a bylaw authorises a water service provider to charge a fee, section 150(1) to (4) of the LGA 2002 applies with any necessary modifications.

                  3. To avoid doubt, a territorial authority may make a water services bylaw that relates to a specific water service despite the water service being provided by a water service provider other than the territorial authority.

                  4. Before making a bylaw, a territorial authority must—

                  5. send a copy of the proposed bylaw to each water organisation that operates in the territorial authority’s district for comment; and
                    1. consider any comments received from a water organisation.

                      1. However, subsection (5) does not apply if the water organisation proposed that the territorial authority make the bylaw.

                      2. For the purposes of making, amending, or revoking a bylaw under this subpart, section 156 of the LGA 2002 applies, with any necessary modifications, as if the bylaw were being made, amended, or revoked under that Act.

                      3. If a territorial authority makes a bylaw under subsection (1) regulating a wastewater network, the bylaw must not be inconsistent with any wastewater environmental performance standards made under section 138 of the Water Services Act 2021.

                      4. If a territorial authority makes a bylaw under subsection (1) or the Reserves Act 1977 relating to a stormwater network, the bylaw must not be inconsistent with any stormwater environmental performance standards made under section 139A of the Water Services Act 2021.

                      5. If a territorial authority makes a bylaw under subsection (1),—

                      6. it must make the bylaw available—
                        1. for public inspection free of charge at the public office of the territorial authority during ordinary office hours; and
                          1. on a publicly accessible internet site maintained by or on behalf of the territorial authority; and
                          2. if a water service provider in the territorial authority’s district is a water organisation, the water organisation must make the bylaw available—
                            1. for public inspection free of charge at the public office of the water organisation during ordinary office hours; and
                              1. on a publicly accessible internet site maintained by or on behalf of the water organisation.