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Local Government (Water Services) Act 2025

Structural arrangements for providing water services - Water services delivery plans

82: Secretary may exempt relevant territorial authority from submitting water services delivery plan

You could also call this:

"The Secretary can let some councils off from making a water plan if they meet certain conditions."

Illustration for Local Government (Water Services) Act 2025

If you are a territorial authority, you can ask the Secretary for an exemption from submitting a water services delivery plan. The Secretary will think about your request and then decide to either grant or decline the exemption. You might get the exemption with some conditions.

The Secretary can only grant an exemption if they think you are doing something with your water assets, like joining a water organisation, or if you have taken reasonable steps to do so. You will be told if your exemption is granted or declined, and if it is declined, you will be given the reasons why. The Secretary will also tell you if the exemption has any conditions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1459091.

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81: Ministerial powers in relation to water services delivery plans, or

"The Minister gets to decide things about plans for water services."

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83: Secretary may require territorial authority to submit water services delivery plan, or

"The government can ask local councils to create a plan for managing water services in their area."

Part 2Structural arrangements for providing water services
Water services delivery plans

82Secretary may exempt relevant territorial authority from submitting water services delivery plan

  1. A relevant territorial authority may apply to the Secretary for an exemption from the requirement to submit a water services delivery plan under this subpart.

  2. After considering an application under subsection (1), the Secretary must—

  3. grant the exemption; or
    1. decline the exemption.

      1. The Secretary may grant an exemption subject to any terms or conditions.

      2. The Secretary must not grant an exemption unless the Secretary considers, in the Secretary’s absolute discretion, that the territorial authority—

      3. is in the process of forming, joining, transferring its water assets to, or transferring the delivery of its water services to, a water organisation; or
        1. has taken reasonable steps to take an action listed in paragraph (a).

          1. After deciding whether to grant an exemption, the Secretary must notify the applicant—

          2. that the Secretary has granted the exemption (including whether the exemption was granted in full, in part, or subject to any terms or conditions); or
            1. that the Secretary has declined the exemption (including the Secretary’s reasons for declining it).