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Local Government (Water Services) Act 2025

Miscellaneous provisions - Water services bylaws

263: Initial review of bylaws

You could also call this:

"Councils must review and update their water service rules within two years to make sure they are fair and follow the new law."

Illustration for Local Government (Water Services) Act 2025

When a new law comes into force, you need to know what happens to the rules about water services in your area. A territorial authority is like a council that looks after your local area. They have to check each rule about water services to make sure it is fair and follows the new law. They must do this within two years of the new law starting. As part of checking the rules, the territorial authority must ask water organisations for their ideas on how to improve the rules.

The territorial authority then thinks about each idea and decides what to do with the rule. They might decide to leave it as it is, change it, get rid of it, or get rid of it and make a new one. If they decide to change, get rid of, or replace a rule, they have to make a plan to do it. This plan must include a timeline and they must finish making the changes within five years of the new law starting.

If a territorial authority works with other councils to provide water services, they must work together to check the rules. If a rule has not been checked yet, it does not need to be checked under section 158 or section 159 of the Local Government Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004587.

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

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

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264: Ongoing review of water services bylaws, or

"Councils must regularly check and update their water rules"

Part 5Miscellaneous provisions
Water services bylaws

263Initial review of bylaws

  1. A territorial authority must identify and review each water services bylaw—

  2. that relates to providing water services in its district (whether provided by the territorial authority or any other water service provider); and
    1. that the territorial authority has made under this Act or any other Act.

      1. The purpose of the review is to ensure that each water services bylaw is consistent with the requirements set out in this Act.

      2. The territorial authority must review each water services bylaw no later than the date that is 2 years after the date on which this section comes into force.

      3. As part of the review of a bylaw under this section, the territorial authority must—

      4. invite each water organisation operating in the territorial authority’s district to propose a new bylaw or an amendment to the existing bylaw; and
        1. consider each proposal made under paragraph (a); and
          1. decide whether to confirm the bylaw, or to amend, revoke, or revoke and replace the bylaw to ensure it is consistent with the provisions in this Act; and
            1. if it decides a bylaw should be amended, revoked, or revoked and replaced, develop a plan for doing so.

              1. However, subsection (4) does not require a territorial authority to consult a water organisation unless the organisation provides water services that are relevant to the topic of the bylaw.

              2. A plan required under subsection (4)(d) for amending, revoking, or revoking and replacing a bylaw must—

              3. include a schedule of dates for each step in the plan; and
                1. ensure that the amendment, replacement, or revocation and replacement is made no later than the date that is 5 years after the date on which this section comes into force.

                  1. If a territorial authority has established a water organisation under a joint arrangement with 1 or more other territorial authorities, the territorial authorities must jointly complete the review under this section of the water services bylaws under which the water organisation operates.

                  2. A bylaw that has not yet been reviewed under this section is not required to be reviewed under section 158 or 159 of the LGA 2002.