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Water Services Act 2021

Standards, enforcement, and other matters - National Engineering Design Standards (NEDS) for water services networks - Warnings

97R: Process for proposed warning

You could also call this:

"What happens when a warning about water services is proposed"

Illustration for Water Services Act 2021

You need to know what happens when a warning is proposed under the Water Services Act 2021. The chief executive must think about whether any changes can be made to the water services infrastructure. They must also think about whether there are other ways to do things. When the chief executive wants to issue a warning, they must talk to people about it. They must make a notice available to the public with information about the proposed warning. This notice includes the reasons for the warning and when it will start. The chief executive must look at all comments people make about the proposed warning. They can decide not to talk to people if they think the warning is urgent for safety reasons. The chief executive must then decide whether to issue the warning and make their decision public. If the chief executive decides not to issue a warning, they must make that decision public too. They must follow the same process if they want to change or cancel a warning. The chief executive must issue any warning according to section 97S.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1509518.

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97Q: Chief executive may issue warnings, or

"The boss of water services can give a warning if something is wrong with the water system."

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97S: How warning is issued, or

"How the Chief Executive Gives Warnings About Water Services"

Part 3Standards, enforcement, and other matters
National Engineering Design Standards (NEDS) for water services networks: Warnings

97RProcess for proposed warning

  1. Before issuing a warning under section 97Q, the chief executive must consider whether—

  2. any reasonably practicable modifications to the specified water services infrastructure can be made; and
    1. any reasonably practicable alternative to the specified method may be adopted.

      1. If, after considering those matters, the chief executive proposes to issue a warning, they must consult in accordance with this section.

      2. The chief executive must make a notice containing the following publicly available:

      3. a statement of the proposed warning:
        1. reasons for the proposed warning:
          1. a summary of the assessment of reasonably practicable options:
            1. the date on which the proposed warning will come into force:
              1. an invitation for the submission of comments on the proposed warning by a specified date.

                1. The chief executive must consider all comments submitted by the specified date.

                2. The chief executive need not consult if satisfied that the warning needs to be issued urgently for safety reasons.

                3. The chief executive must—

                4. decide whether to issue the proposed warning (or a variation of the proposed warning); and
                  1. issue any warning in accordance with section 97S.

                    1. If the chief executive decides not to issue a warning, they must make that decision publicly available.

                    2. The chief executive must follow the process set out in this section for any proposal to amend or revoke a warning.

                    Notes
                    • Section 97R: inserted, on , by section 146 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).