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Local Government (Water Services) Act 2025

Miscellaneous provisions - Water services bylaws

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

You could also call this:

"You can ask your local council to create, change or cancel a water services rule by sending them a proposal."

Illustration for Local Government (Water Services) Act 2025

You can ask a territorial authority to make a new rule or change an existing one about water services. You do this by sending them a written proposal. The territorial authority then decides what to do next.

If the territorial authority gets a proposal from you, they must talk to you about it and then decide what to do. They can choose to do any consultation that is needed, or they can ask you to do it for them, as required by section 156 of the LGA 2002. If they ask you to do the consultation, you must do it and then decide if you want to keep your proposal the same, change it, or withdraw it.

If the territorial authority decides to do the consultation themselves, they must do it and then decide if they want to accept, change, or decline your proposal. They must tell you what they decide and why. If you operate in more than one area, you must make the same proposal to each territorial authority, unless there is a good reason not to.

If you make a proposal to more than one territorial authority, each one must work together to consider your proposal and make sure their rules are consistent with each other's rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004584.

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258: Power to make water services bylaws, or

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

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Part 5Miscellaneous provisions
Water services bylaws

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

  1. A water organisation may propose, in writing, that the territorial authority in whose district the water organisation operates makes a new water services bylaw or amends or revokes an existing water services bylaw.

  2. A territorial authority that receives a proposal under subsection (1) must decide, after consulting the water organisation that made the proposal, whether—

  3. the territorial authority will undertake any consultation required by section 156 of the LGA 2002 (see section 258(7)); or
    1. the water organisation will undertake the consultation on behalf of the territorial authority.

      1. If the territorial authority decides that the water organisation will undertake the consultation, the water organisation must—

      2. undertake the consultation; and
        1. after completing the consultation, decide whether to confirm, amend, or withdraw its proposal; and
          1. notify the territorial authority of that decision.

            1. If the territorial authority decides to undertake the consultation, it must—

            2. undertake the consultation; and
              1. after completing the consultation, decide whether to accept, amend, or decline the proposal; and
                1. notify the water organisation of that decision, with reasons.

                  1. If a water organisation that makes a proposal under subsection (1) operates in the district of more than 1 territorial authority, it must make the same proposal to each of the territorial authorities.

                  2. However, subsection (5) does not apply if there is good reason for the water organisation not to make the same proposal to each territorial authority.

                  3. If a water organisation makes a proposal to more than 1 territorial authority, each territorial authority that receives the proposal must, to the extent practicable,—

                  4. consider the proposal jointly with the other territorial authorities that received the proposal; and
                    1. respond to the proposal in a manner that ensures that its relevant bylaws are consistent with the bylaws of each other territorial authority that receives the proposal.