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Local Government (Water Services) Act 2025

Provision of water services: operational matters - Accessing land to carry out water services infrastructure work - General requirements

168: Appeal against internal review determination

You could also call this:

"Challenging a decision about work on your land: how to appeal"

Illustration for Local Government (Water Services) Act 2025

If you own land that is not Māori-owned, you can appeal to the District Court if you disagree with the outcome of an internal review. You must lodge the appeal with the court within 20 working days after being notified of the reviewer's determination under section 167. The provider cannot start the proposed works until the court has heard and decided the matter.

When you appeal, the court can make an order that lets the provider enter your land and do the work if the court is satisfied that certain requirements have been met. The court can also add conditions to the order that it thinks are appropriate. The requirements include that the work is necessary or desirable for providing water services, the provider has tried to negotiate with you, and there is no other practical and affordable option.

The court must consider any relevant resource consent or building consent before making an order. If the court makes an order, it can authorise the provider to enter your land and carry out the work, and impose conditions on the provider.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1012456.

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167: Reviewer’s determination, or

"The reviewer's decision: what happens when someone decides about work on your land"

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169: Requirement to produce evidence of authority and identity, or

"Show your ID and permission when entering someone's land to work on water services"

Part 3Provision of water services: operational matters
Accessing land to carry out water services infrastructure work: General requirements

168Appeal against internal review determination

  1. An owner of land other than Māori-owned land may appeal to the District Court against the outcome of an internal review.

  2. The owner must lodge the appeal with the court within 20 working days after being notified of the reviewer’s determination under section 167.

  3. If an appeal is lodged, the provider must not proceed with the proposed works before the court has heard and decided the matter.

  4. On appeal, the court may, if satisfied that the requirements set out in subsection (5) have been met, make an order—

  5. authorising the provider to enter the land and carry out work specified in the order; and
    1. imposing any conditions that the court considers appropriate.

      1. The requirements are that—

      2. carrying out the work is necessary or desirable for providing water services in the provider’s service area; and
        1. the provider has taken reasonable steps to negotiate consent and agreed conditions with the owner of the land; and
          1. in relation to the construction or placement of the water services infrastructure, no practical and comparably priced alternative exists.

            1. Before making an order under subsection (4), the court must have regard to the particulars of any applicable resource consent or building consent.