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Local Government (Water Services) Act 2025

Structural arrangements for providing water services - Regions in which regional councils also provide water services

42: Transfer agreement with water organisation

You could also call this:

"Regional councils can share water jobs and assets with water organisations they own or work with."

Illustration for Local Government (Water Services) Act 2025

A regional council can make a transfer agreement with a water organisation in their area. When they do this, certain rules like sections 12 to 16 apply to the regional council in a similar way to how they apply to city or district councils, but with some changes. You need to think of these rules as applying to regional councils in their own special way.

A regional council can only make a transfer agreement if they have things like responsibilities or assets related to water services that they can give to the water organisation. They also need to either own a part of the water organisation or have the organisation's owners agree to the transfer agreement. This means the regional council must have a connection to the water organisation before they can make a transfer agreement with them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1008869.

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Government and voting > Local councilsEnvironment and resources > Food and water safety
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41: Transfer of responsibilities to territorial authorities, or

"Councils can pass on water service jobs to local councils in their area."

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43: Application of this Act to water services role of regional councils, or

"How this law about water services applies to regional councils in New Zealand."

Part 2Structural arrangements for providing water services
Regions in which regional councils also provide water services

42Transfer agreement with water organisation

  1. A regional council may enter into a transfer agreement with a water organisation whose service area is in the council’s region and, for that purpose, sections 12 to 16 apply—

  2. to a regional council in the same way that they apply to a territorial authority; and
    1. with any other necessary modifications.

      1. However, a regional council must not enter into a transfer agreement unless—

      2. the regional council has responsibilities, assets, or other matters relating to water services that can be transferred to the water organisation; and
        1. either—
          1. the regional council is a shareholder in the water organisation; or
            1. the shareholders in the water organisation agree to the regional council entering into the transfer agreement.