Water Services Act 2021

Preliminary provisions - Interpretation - General

5: Interpretation

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"What special words mean in the Water Services Act"

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This part of the Water Services Act 2021 is about what certain words mean. You need to know what these words mean to understand the Act. The Act explains what words like 'abstraction point', 'drinking water', and 'stormwater network' mean.

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Part 1Preliminary provisions
Interpretation: General

5Interpretation

  1. In this Act, unless the context otherwise requires,—

    abstraction point means the location at which source water is abstracted for use in a drinking water supply (for example, the location at which water is abstracted from a river, stream, lake, or aquifer)

      acceptable solution or verification method means a drinking water acceptable solution or verification method issued under section 50

        agent includes a contractor

          approved form means a form provided by the Water Services Authority

            associate coroner means a person who holds office as an associate coroner under the Coroners Act 2006

              backflow means the unplanned reversal of flow of water or mixtures of water and contaminants into the water supply system

                backflow prevention device means a device that prevents backflow

                  chief executive means the chief executive of the Water Services Authority

                    compliance, monitoring, and enforcement strategy means the compliance, monitoring, and enforcement strategy developed under section 136

                      compliance officer means a compliance officer appointed under section 98

                        compliance rules means compliance rules made under section 49

                          consumer means a person who consumes or uses drinking water supplied by a drinking water supplier

                            coroner includes an associate coroner to the extent that they have the jurisdiction of a coroner under the Coroners Act 2006

                              Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002

                                department means a department listed in Part 1 of Schedule 2 of the Public Service Act 2020

                                  domestic dwelling has the meaning set out in section 10

                                    domestic self-supply has the meaning set out in section 10

                                      drinking water has the meaning set out in section 6

                                        drinking water safety plan means the drinking water safety plan required by section 30

                                          drinking water standards means the standards made under section 47

                                            drinking water supplier has the meaning set out in section 8

                                              drinking water supply has the meaning set out in section 9

                                                end-point treatment means treatment of drinking water at the final point of the supply at which the consumer can consume, use, or collect drinking water

                                                  end-point treatment device means a device used for end-point treatment as part of an acceptable solution or verification method

                                                    green water services infrastructure

                                                    1. means a natural or semi-natural area, feature, or process that mimics natural areas, features, or processes that are planned or managed to provide water services; and
                                                      1. includes an engineered system that is an area, feature, or process that complies with paragraph (a)

                                                        illness means any acute or chronic illness

                                                          legislative requirement

                                                          1. means a requirement imposed by—
                                                            1. this Act; or
                                                              1. secondary legislation made under this Act; or
                                                                1. a direction issued by a compliance officer under section 104; or
                                                                  1. a compliance order issued under section 120; but
                                                                  2. does not include a requirement in—
                                                                    1. a wastewater environmental performance standard made under section 138; or
                                                                      1. an environmental performance measure or target for networks made under section 145

                                                                      local authority has the same meaning as in section 5(1) of the Local Government Act 2002

                                                                        marae includes the area of land on which all buildings such as wharenui, wharekai, wharepaku, papakāinga, and any other associated buildings are situated

                                                                          medical officer of health means a medical officer of health appointed under the Health Act 1956

                                                                            Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

                                                                              mixed-use rural water scheme has the meaning set out in section 13A

                                                                                National Engineering Design Standards and NEDS means the National Engineering Design Standards set out in regulations

                                                                                  National Policy Statement for Freshwater Management means the National Policy Statement for Freshwater Management issued in 2020 under section 52 of the Resource Management Act 1991 and any statement issued under that section that amends or replaces the 2020 statement

                                                                                    New Zealand Defence Force has the same meaning as the term Defence Force in section 2(1) of the Defence Act 1990

                                                                                      officer, in relation to a drinking water supply,—

                                                                                      1. if the owner or operator is a company,—
                                                                                        1. means any person occupying the position of a director of the company by whatever name called; and
                                                                                          1. includes any other person occupying a position in relation to the company that allows the person to exercise significant influence over the management of the drinking water supply (for example, a chief executive):
                                                                                          2. if the owner or operator is a partnership (other than a limited partnership), means any partner:
                                                                                            1. if the owner or operator is a limited partnership, means any general partner:
                                                                                              1. if the owner or operator is a body corporate or an unincorporated body, other than a company, partnership, or limited partnership,—
                                                                                                1. means any person occupying a position in the body that is comparable with that of a director of a company; and
                                                                                                  1. includes any other person occupying a position in relation to the body that allows the person to exercise significant influence over the management of the drinking water supply (for example, a chief executive):
                                                                                                  2. does not include a person who merely advises or makes recommendations to a person referred to in any of paragraphs (a) to (d), or who completes discrete operational tasks concerning the supply:
                                                                                                    1. does not include a Minister of the Crown acting in that capacity

                                                                                                      operator has the meaning set out in section 11

                                                                                                        overland flow path means any flow path taken by stormwater on the surface of land

                                                                                                          owner has the meaning set out in section 12

                                                                                                            point of supply has the meaning set out in section 13

                                                                                                              raw water means water that has been abstracted from a source, but has not been subject to any treatment or other processes that may be required to make it safe to consume

                                                                                                                registered, in relation to a drinking water supply, means a drinking water supply registered in accordance with the requirements of subpart 7 of Part 2

                                                                                                                  safe, in relation to drinking water, has the meaning set out in section 7

                                                                                                                    shared domestic supplier has the meaning set out in section 10

                                                                                                                      source, source water, and source of a drinking water supply mean—

                                                                                                                      1. the water body from which water is abstracted for use in a drinking water supply (for example, a river, stream, lake, or aquifer); and
                                                                                                                        1. an open-air artificial watercourse from which water is abstracted for use in a drinking water supply (for example, an open-air irrigation canal, water supply race, canal for the supply of water for electricity generation, or farm drainage channel); and
                                                                                                                          1. rainwater

                                                                                                                            source water risk management plan means a plan required by section 43

                                                                                                                              stormwater network

                                                                                                                              1. means the infrastructure and processes that—
                                                                                                                                1. are used to collect, treat, drain, store, reuse, or discharge stormwater in an urban area; and
                                                                                                                                  1. are owned or operated by, for, or on behalf of one of the following:
                                                                                                                                    1. a local authority, water organisation, or subsidiary of a water organisation:
                                                                                                                                      1. a department:
                                                                                                                                        1. the New Zealand Defence Force; and
                                                                                                                                      2. includes—
                                                                                                                                        1. an overland flow path:
                                                                                                                                          1. green water services infrastructure that delivers stormwater services:
                                                                                                                                            1. watercourses that are part of, or related to, the infrastructure described in paragraph (a)

                                                                                                                                            stormwater network operator means—

                                                                                                                                            1. each of the following entities (to the extent that a stormwater network is operated, or its operation or aspects of its operation are supervised, by, for, or on behalf of the entity):
                                                                                                                                              1. a local authority, water organisation, or subsidiary of a water organisation:
                                                                                                                                                1. a department:
                                                                                                                                                  1. the New Zealand Defence Force; and
                                                                                                                                                  2. any person who operates a stormwater network, or any aspect of a stormwater network, for, or on behalf of, an organisation specified in paragraph (a)

                                                                                                                                                    sufficient quantity, in relation to the drinking water supplied to a point of supply, has the meaning set out in section 25(2)

                                                                                                                                                      territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002

                                                                                                                                                        trade waste means any waste that is—

                                                                                                                                                        1. produced for an industrial or a trade purpose, or a related purpose; and
                                                                                                                                                          1. discharged into a wastewater network

                                                                                                                                                            unplanned, in relation to the supply of drinking water, has the meaning set out in section 34(2)

                                                                                                                                                              urban area

                                                                                                                                                              1. means an area identified in a district plan or proposed district plan as being primarily zoned for residential, industrial, or commercial activities, together with adjoining special-purpose and open-space zones, however described; but
                                                                                                                                                                1. does not include an area zoned primarily for rural or rural-residential activities, however described

                                                                                                                                                                  wastewater network means the infrastructure and processes that—

                                                                                                                                                                  1. are used to collect, store, transmit through reticulation, treat, or discharge wastewater; and
                                                                                                                                                                    1. are operated by, for, or on behalf of one of the following:
                                                                                                                                                                      1. a local authority, water organisation, or subsidiary of a water organisation:
                                                                                                                                                                        1. a department:
                                                                                                                                                                          1. the New Zealand Defence Force

                                                                                                                                                                          wastewater network operator means—

                                                                                                                                                                          1. each of the following entities (to the extent that a wastewater network is operated, or its operation or aspects of its operation are supervised, by, for, or on behalf of the entity):
                                                                                                                                                                            1. a local authority, water organisation, or subsidiary of a water organisation:
                                                                                                                                                                              1. a department:
                                                                                                                                                                                1. the New Zealand Defence Force; and
                                                                                                                                                                                2. any person who operates a wastewater network, or any aspect of a wastewater network, for, or on behalf of, an organisation specified in paragraph (a); and
                                                                                                                                                                                  1. an organisation or individual involved in the operation of a wastewater network if the organisation or individual is authorised or included on a register in accordance with regulations made under section 200

                                                                                                                                                                                    water

                                                                                                                                                                                    1. has the same meaning as in section 2(1) of the Resource Management Act 1991; but
                                                                                                                                                                                      1. includes water in any form while in any pipe, tank, or cistern

                                                                                                                                                                                        water carrier means a drinking water supplier that transports drinking water (other than by reticulation) for the purpose of supplying it to consumers or another drinking water supplier.

                                                                                                                                                                                          water organisation has the same meaning as in section 4 of the Local Government (Water Services) Act 2025

                                                                                                                                                                                            water service provider has the same meaning as in section 4 of the Local Government (Water Services) Act 2025

                                                                                                                                                                                              water services means services relating to water supply, wastewater, and stormwater

                                                                                                                                                                                                Water Services Authority means the Water Services Authority—Taumata Arowai established by section 8 of the Water Services Authority—Taumata Arowai Act 2020

                                                                                                                                                                                                  water services bylaw has the same meaning as in section 4 of the Local Government (Water Services) Act 2025

                                                                                                                                                                                                    watercourse means a watercourse that is part of, or related to, the drainage or discharge of stormwater in an urban area

                                                                                                                                                                                                    Notes
                                                                                                                                                                                                    • Section 5 associate coroner: inserted, on , by section 36 of the Coroners Amendment Act 2023 (2023 No 8).
                                                                                                                                                                                                    • Section 5 approved form: amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 chief executive: amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 coroner: inserted, on , by section 36 of the Coroners Amendment Act 2023 (2023 No 8).
                                                                                                                                                                                                    • Section 5 council-controlled organisation: repealed, on , by section 121(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 green water services infrastructure: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
                                                                                                                                                                                                    • Section 5 marae: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
                                                                                                                                                                                                    • Section 5 mixed-use rural water scheme: inserted, on , by section 121(7) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 National Engineering Design Standards: inserted, on , by section 121(7) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 National Policy Statement for Freshwater Management: inserted, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                    • Section 5 National Policy Statement for Freshwater Management: repealed, on , by section 805(1) of the Natural and Built Environment Act 2023 (2023 No 46).
                                                                                                                                                                                                    • Section 5 NPF freshwater provisions: repealed, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                    • Section 5 overland flow path: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
                                                                                                                                                                                                    • Section 5 shared domestic supplier: inserted, on , by section 121(7) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 source, source water, and source of a drinking supply paragraph (aa): inserted, on , by section 121(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 stormwater network: replaced, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
                                                                                                                                                                                                    • Section 5 stormwater network paragraph (a)(ii)(A): amended, on , by section 121(3) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 stormwater network operator paragraph (a): amended, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
                                                                                                                                                                                                    • Section 5 stormwater network operator paragraph (a)(i): amended, on , by section 121(4) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 Taumata Arowai: repealed, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 territorial authority: inserted, on , by section 121(7) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 trade waste: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
                                                                                                                                                                                                    • Section 5 wastewater network paragraph (b)(i): amended, on , by section 121(5) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 wastewater network operator paragraph (a): amended, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
                                                                                                                                                                                                    • Section 5 wastewater network operator paragraph (a)(i): amended, on , by section 121(6) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 water: inserted, on , by section 48 of the Water Services Entities Amendment Act 2023 (2023 No 44).
                                                                                                                                                                                                    • Section 5 water organisation: inserted, on , by section 121(7) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 water service provider: inserted, on , by section 121(7) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 water services: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
                                                                                                                                                                                                    • Section 5 Water Services Authority: inserted, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 water services bylaw: inserted, on , by section 121(7) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                                                                                                                                                                    • Section 5 watercourse: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).