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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

164: Provider must conduct internal review

You could also call this:

"Water providers must check their decisions if landowners say no to work on their land"

Illustration for Local Government (Water Services) Act 2025

If you are a water service provider, you must do an internal review in certain situations. This happens when you want to enter someone's land to do some work and you tell them about it under section 162. The land owner then has 10 working days to respond. You must do an internal review if the land owner says no to you entering their land, or if they say yes but with conditions you think are unfair, or if they do not respond at all when you want to do certain types of work mentioned in section 161(1)(a). The person who does the review, called the reviewer, must work for you, be qualified and experienced, and not have been involved in the matter before, and you must arrange for them to do the review as stated in sections 165 to 167.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1446332.

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163: Owner’s notice of consent and conditions, or

"Telling a water service provider if you agree to them working on your land"

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165: Internal review process, or

"Checking a decision again: how it's reviewed and decided within 20 working days"

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

164Provider must conduct internal review

  1. This section and sections 165 to 167 apply if—

  2. a water service provider notifies the owner of land under section 162 of the provider’s intention to enter the land and carry out work; and
    1. the owner of the land, within 10 working days,—
      1. gives notice to the provider declining consent; or
        1. gives notice to the provider imposing conditions that the provider considers unreasonable; or
          1. in the case of a proposed entry to carry out work specified in section 161(1)(a), does not respond to the provider.

          2. The provider must arrange for the conduct of an internal review in relation to the matter.

          3. The person (the reviewer) who reviews the matter on the provider’s behalf—

          4. must be employed or engaged by the provider for the purposes of this section; and
            1. must be suitably qualified and experienced to perform the task; and
              1. must not have had any involvement in the matter under review.