Local Government (Water Services) Act 2025

Structural arrangements for providing water services - Responsibility for providing water services - Decisions about structural arrangements

29: Interaction of sections 30 to 33 with other legislation

You could also call this:

"How sections 30 to 33 work with other laws when making water services plans"

Illustration for Local Government (Water Services) Act 2025

When you are a territorial authority, some rules from the LGA 2002 do not apply to you. You do not have to follow sections 56, 77, 82A(2), and 97 of the LGA 2002 when you make a change proposal or prepare a water services delivery plan. You also do not have to follow sections 82A(2) and 97 when you are thinking about taking a certain action.

However, you still have to follow other relevant rules in the LGA 2002. For example, you have to follow sections 81 and 82 of the LGA 2002. These rules apply when you make a change proposal or think about taking a certain action.

If you have already submitted a water services delivery plan and it has been accepted, you have to follow certain rules when making decisions or consulting with people. These rules are in sections 27, 30 to 33, and they apply after your plan has been accepted. You can find more information about this in section 20 of the Local Government (Water Services Preliminary Arrangements) Act 2024.

There are also alternative rules in Part 3 of the Local Government (Water Services Preliminary Arrangements) Act 2024. These rules apply before your water services delivery plan is accepted, but they do not apply after it is accepted. This includes if you make changes to your plan under section 23 of that Act.

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This page was last updated on 31 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1446557.

Topics:

Government and voting > Local councilsEnvironment and resources > Food and water safety

28: Further application, or

"More rules for councils when changing water services ownership or control"

30: Identification and assessment of options, or

"Looking at different choices for changing water services"

Part 2Structural arrangements for providing water services
Responsibility for providing water services: Decisions about structural arrangements

29Interaction of sections 30 to 33 with other legislation

Sections 56, 77, 82A(2), and 97 of the LGA 2002 do not apply to a territorial authority—
when it makes a change proposal; or
when it prepares and submits a water services delivery plan under subpart 5.

Sections 82A(2) and 97 of the LGA 2002 do not apply to a territorial authority that is considering taking an action specified in section 28(1).
However, all other relevant requirements in the LGA 2002 apply to a territorial authority that makes a change proposal or that is considering taking an action specified in section 28(1). For example, the requirements in sections 81 and 82 of the LGA 2002 continue to apply.
This section, section 27, and sections 30 to 33 apply to any decision making and consultation by a territorial authority in relation to a change proposal that occur after a water services delivery plan submitted by the authority has been accepted by the Secretary for Local Government under section 20 of the Local Government (Water Services Preliminary Arrangements) Act 2024.
Alternative requirements under Part 3 of the Local Government (Water Services Preliminary Arrangements) Act 2024—
apply to any decision making and consultation by the authority that occur before the acceptance of its water services delivery plan; but
do not apply after the date of that acceptance, including in relation to amendments to the plan made under section 23 of that Act.