Local Government (Water Services) Act 2025

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

28: Further application

You could also call this:

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

Illustration for Local Government (Water Services) Act 2025

If you are a territorial authority, sections 31 and 32 apply when you are thinking about transferring ownership or control of a strategic water services asset, receiving a transfer of ownership or control of one, or making a big change to the level of service you provide for any water service. You can do these things as permitted under section 20(3). This includes things like changing who owns or controls a water treatment plant.

When you are considering these changes, you need to follow certain rules, but there are some exceptions. If your proposal is already included in a change proposal under section 27(1), a water services strategy under section 230, or a proposal in a water services delivery plan under the Local Government (Water Services Preliminary Arrangements) Act 2024, then you do not have to follow those rules.

You should also be aware that if a water organisation wants to take certain actions, section 236 applies, and you can find more information about this in that section.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1458633.


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27: Application, or

"When councils want to make big changes to water services, they must follow certain rules."


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29: Interaction of sections 30 to 33 with other legislation, or

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

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

28Further application

  1. Sections 31 and 32 apply to a territorial authority that is considering—

  2. transferring ownership or control of a strategic water services asset (as permitted under section 20(3)); or
    1. receiving a transfer of ownership or control of a strategic water services asset; or
      1. making a significant change to the level of service provided in relation to any water service.
        1. However, subsection (1) does not apply if the proposal is included in—

        2. a change proposal specified in section 27(1); or
          1. a water services strategy under section 230; or
            1. a proposal in a water services delivery plan under the Local Government (Water Services Preliminary Arrangements) Act 2024.
              1. For the purposes of this section, each reference to a change proposal specified in sections 31 and 32 must be treated as referring to a proposal under subsection (1), with any necessary modifications.

              2. See section 236, which applies when a water organisation proposes to take an action specified in subsection (1).