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Local Government (Water Services) Act 2025

Planning, reporting, and financial management

221: Part applies in place of provisions in LGA 2002

You could also call this:

"This part of the law overrides some rules in the Local Government Act 2002 for water organisations."

Illustration for Local Government (Water Services) Act 2025

When a council-controlled organisation is a water organisation, some rules from the LGA 2002 do not apply to it or its shareholders. These rules include things like statements of intent, performance monitoring, and reports. You can find these rules in sections like section 64, section 64A, and section 65 of the LGA 2002.

If you are a territorial authority, you must not include information about water services in certain plans and reports, like long-term plans prepared under section 93 and Schedule 10 of the LGA 2002. You also cannot include this information in annual plans prepared under section 95 and Schedule 10 of the LGA 2002, or in annual reports prepared under section 98 and Schedule 10 of the LGA 2002.

However, this rule only applies to information about individual groups of water services activities. You can include information about targeted rates for water services in a funding impact statement in a long-term plan under clause 15 of Schedule 10 of the LGA 2002, or in an annual plan under clause 20 of Schedule 10 of the LGA 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=LMS1004643.

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Government and voting > Local councilsEnvironment and resources > Food and water safety
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Part 4Planning, reporting, and financial management

221Part applies in place of provisions in LGA 2002

  1. The following provisions of the LGA 2002 do not apply to a council-controlled organisation that is a water organisation or its shareholders:

  2. section 64 (statements of intent for council-controlled organisations):
    1. section 64A (shareholders may require additional plans):
      1. section 64B (statement of expectations):
        1. section 65 (performance monitoring):
          1. section 66 (half-yearly or quarterly reports):
            1. section 67 (annual report):
              1. section 68 (content of reports on operations of council-controlled organisations):
                1. section 69 (financial statements and auditor’s report):
                  1. Schedule 8 (statements of intent for council-controlled organisations).

                    1. A territorial authority that is required to comply with this Part must not include information relating to water services in—

                    2. a long-term plan prepared under section 93 and Schedule 10 of the LGA 2002:
                      1. an annual plan prepared under section 95 and Schedule 10 of the LGA 2002:
                        1. an annual report prepared under section 98 and Schedule 10 of the LGA 2002.

                          1. However, subsection (2)(a) and (c) only prohibits a territorial authority from including information that relates to an individual group of water services activities.

                          2. To avoid doubt, a territorial authority may include information about targeted rates for activities, or a group of activities, relating to water services in a funding impact statement that is included in—

                          3. a long-term plan under clause 15 of Schedule 10 of the LGA 2002; or
                            1. an annual plan under clause 20 of Schedule 10 of the LGA 2002.