Local Government (Water Services) Act 2025

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

166: When parties do not participate

You could also call this:

"What happens if someone doesn't take part in a review about water services"

Illustration for Local Government (Water Services) Act 2025

If you are part of a review and you do not give the reviewer the information they ask for, or you do not attend a meeting, the reviewer can still make a decision without you. The reviewer can use section 167 to make this decision. This means they do not need the extra information or to have the meeting to decide.

However, if the land is Māori-owned and the reviewer got a notice about entering the land to do some work, there are special rules. These rules apply if the work is on a marae, an urupā, or other special Māori land, and the owner said no to the work, said yes but with conditions that seem unfair, or did not respond. In these cases, the reviewer cannot make a decision, but the water service provider can take the matter to the Māori Land Court.

If the land owner has not given consent, or has given consent with conditions, or has not responded, the water service provider can appeal to the Māori Land Court, as stated in section 162 and section 161(1). You should be aware that the Māori Land Court will then make a decision about the matter. The decision will be based on the information provided, including the notice given under section 162 and the proposed entry and work specified in section 161(1).

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=LMS1446878.

Topics:

Environment and resources > Food and water safetyGovernment and voting > Local councilsMāori affairs > Māori land

165: Internal review process, or

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

167: Reviewer’s determination, or

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

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

166When parties do not participate

This section applies if a party to an internal review fails to participate in the review by—
not giving the reviewer the further information requested within the time specified in the request; or
not attending a meeting convened by the reviewer.

The reviewer may determine the matter under section 167 without the further information or the meeting (as applicable).
However, subsection (4) applies if—
the land is Māori-owned land; and
the notice given under section 162 is for—
1. proposed entry and work specified in section 161(1) on land on which a marae or an urupā is situated; or
2. proposed entry and work specified in section 161(1) on land that has been set apart as a Māori reservation; or
3. proposed entry and work specified in section 161(1)(a) on other Māori-owned land; and
the owner of the land—
1. has declined consent to the entry and work; or
2. has given consent subject to conditions that the water service provider considers unreasonable; or
3. has not responded to the notice within 30 working days.

In the circumstances set out in subsection (3),—
the reviewer may not determine the matter; but
the water service provider may appeal the matter to the Māori Land Court.