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Local Government (Water Services) Act 2025

Miscellaneous provisions - Water services bylaws

262: Territorial authority may delegate functions or powers relating to water services bylaws

You could also call this:

"Councils can give some of their water services jobs to other organisations to do on their behalf."

Illustration for Local Government (Water Services) Act 2025

A territorial authority can give some of its jobs or powers to a water organisation. You need to know that the water organisation must work in the same area as the territorial authority. The territorial authority cannot give the water organisation the power to make, amend, or revoke bylaws.

When a water organisation is given a job or power, it can do the job or use the power in the same way as the territorial authority. You can think of it like the water organisation is standing in for the territorial authority. The water organisation must follow the same rules as the territorial authority.

If someone asks, the water organisation must show proof that it has been given the job or power. The territorial authority is still responsible for what the water organisation does, even if it has given the water organisation some of its jobs or powers. The territorial authority can take back the jobs or powers it gave to the water organisation by making a decision and telling the water organisation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004586.

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Government and voting > Local councilsEnvironment and resources > Food and water safety
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Part 5Miscellaneous provisions
Water services bylaws

262Territorial authority may delegate functions or powers relating to water services bylaws

  1. A territorial authority may delegate any of its functions or powers that relate to the administration or enforcement of a water services bylaw.

  2. However, a territorial authority—

  3. may only make a delegation under subsection (1) to a water organisation that operates in the territorial authority’s district; and
    1. must not delegate the function or power—
      1. to make, amend, or revoke a bylaw; or
        1. to delegate functions and powers under this section.

        2. A water organisation to which any functions or powers are delegated under this section may, unless the delegation provides otherwise, perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the water organisation were the territorial authority.

        3. A water organisation that purports to perform a function or exercise a power under a delegation under this section—

        4. is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of the delegation; and
          1. must produce evidence of the delegation, if reasonably requested to do so.

            1. No delegation under this section—

            2. affects or prevents the performance of any function or the exercise of any power by the territorial authority; or
              1. affects the responsibility of the territorial authority for the actions of the water organisation acting under the delegation; or
                1. is affected by any change in the membership of the territorial authority.

                  1. A delegation under this section may be revoked by—

                  2. resolution of the territorial authority and notice to the water organisation; or
                    1. any other method provided for in the delegation.