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Local Government (Water Services) Act 2025

Miscellaneous provisions - Offences - Infrastructure offence

307: Carrying out building work over or near water services infrastructure without approval

You could also call this:

"Building near water pipes without permission is against the law"

Illustration for Local Government (Water Services) Act 2025

If you do building work over or near water services infrastructure without approval, you commit an offence. You need approval from the relevant water service provider to do this work. This rule does not apply if you are doing work authorised by a licensed access provider under the Railways Act 2005 within a rail corridor.

When doing building work, it is considered "near" water services infrastructure if it is less than 2 metres from a small water pipe or less than 10 metres from a large water pipe. This helps keep you and others safe. It also helps protect the water services infrastructure.

If you break this rule, you can get a fine. For an individual, the fine can be up to $20,000. For a company or organisation, the fine can be up to $200,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1006753.

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"The boss of a water organisation can give some of their tasks to someone else to do."

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308: Engaging in conduct relating to water supply network that causes specified serious risk, or

"Don't put water supply networks at risk on purpose or by not caring, or you could get in big trouble."

Part 5Miscellaneous provisions
Offences: Infrastructure offence

307Carrying out building work over or near water services infrastructure without approval

  1. A person commits an offence if they carry out building work over or near water services infrastructure without approval from the relevant water service provider.

  2. However, subsection (1) does not apply to building work that is carried out—

  3. by a person authorised to do the work by a licensed access provider under the Railways Act 2005; and
    1. within a rail corridor under the Railways Act 2005.

      1. For the purposes of subsection (1), building work is near water services infrastructure if—

      2. it is less than 2 metres from a water services pipe that is less than 300 millimetres in diameter; or
        1. it is less than 10 metres from a water services pipe that is 300 millimetres or more in diameter.

          1. A person who commits an offence against this section is liable on conviction,—

          2. for an individual, to a fine not exceeding $20,000:
            1. for a body corporate or an unincorporated body, to a fine not exceeding $200,000.

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