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Local Government (Water Services) Act 2025

Miscellaneous provisions - Water services bylaws

261: Territorial authority must consider proposal

You could also call this:

"Council must think about a proposal to change water rules"

Illustration for Local Government (Water Services) Act 2025

When a territorial authority gets a proposal to make, amend, or revoke a water services bylaw under section 259 or 260, it must decide if the proposal meets some requirements. You need to check if the proposed bylaw is about the water services provided by the water organisation and if it complies with the relevant laws. The territorial authority must also check if the proposed bylaw is consistent with its own strategies and can be enforced in a cost-effective way.

If the territorial authority decides the proposed bylaw meets the requirements, it must tell the water organisation that made the proposal or make the bylaw in accordance with section 258. The territorial authority must do this as soon as possible after making its decision.

If the territorial authority decides the proposed bylaw does not meet the requirements, it must tell the water organisation that made the proposal and give reasons for its decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004585.

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260: Bylaws proposed in source water risk management plan, or

"Rules for water services bylaws in a water risk plan"

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Part 5Miscellaneous provisions
Water services bylaws

261Territorial authority must consider proposal

  1. As soon as is practicable after receiving a proposal to make, amend, or revoke a water services bylaw under section 259 or 260 (the proposed bylaw), a territorial authority must decide whether it meets the following requirements:

  2. the proposed bylaw is a bylaw that relates to the water services provided by the water organisation; and
    1. the enactment under which the proposed bylaw is to be made authorises making the bylaw; and
      1. the proposed bylaw complies with the applicable statutory requirements of that enactment and any other relevant enactments; and
        1. the proposed bylaw is not inconsistent with any strategy, policy, plan, or bylaw of the territorial authority; and
          1. the proposed bylaw can be implemented and enforced in a cost-effective manner.

            1. If the territorial authority decides that the proposed bylaw—

            2. meets the requirements in subsection (1), it must—
              1. notify the water organisation that made the proposal of that decision; or
                1. make the bylaw in accordance with section 258; or
                2. does not meet the requirements in subsection (1), it must notify the water organisation that made the proposal of that decision, with reasons.