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Local Government (Water Services) Act 2025

Miscellaneous provisions - Offences - Offences relating to plans, permits, bylaws, directions, and compliance orders

330: Breach of bylaw relating to undertaking specified classes of work near, under, or above water supply network, wastewater network, or stormwater network

You could also call this:

"Breaking rules about working near water pipes can get you in trouble"

Illustration for Local Government (Water Services) Act 2025

If you do not follow a bylaw about working near, under, or above water pipes, you can get in trouble. This bylaw is made under section 258 and it regulates work near water supply, wastewater, or stormwater networks. You will be breaking the law if you knowingly do not comply with this bylaw.

If you break this law, you can be fined when you are found guilty. For an individual, the fine can be up to $20,000. For a company or group, the fine can be up to $200,000.

You will not be breaking the law if you have permission to do the work. You also have a defence if you can show that your actions were necessary to prevent a serious risk. You must also show that your actions were reasonable and that you tried to fix any problems that you caused.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1006781.

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Part 5Miscellaneous provisions
Offences: Offences relating to plans, permits, bylaws, directions, and compliance orders

330Breach of bylaw relating to undertaking specified classes of work near, under, or above water supply network, wastewater network, or stormwater network

  1. A person commits an offence if they knowingly fail to comply with a bylaw made under section 258 regulating, restricting, or prohibiting the undertaking of specified classes of work near, under, or above a water supply network, a wastewater network, or a stormwater network.

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

  3. 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.

      1. A person does not commit an offence against this section if the work is undertaken in accordance with a statutory authorisation.

      2. It is a defence against this section if—

      3. the action or event to which the prosecution relates was necessary for the purposes of preventing, avoiding, or mitigating a specified serious risk; and
        1. the conduct of the defendant was reasonable in the circumstances; and
          1. the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred.

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