Water Services Act 2021

Provisions relating to supply of drinking water - Requirements relating to notifications and record keeping

35: Duty to notify Water Services Authority of notifiable risk or hazard

You could also call this:

"Tell the Water Services Authority if you find a big risk to drinking water"

Illustration for Water Services Act 2021

The Water Services Authority can say what risks or hazards to drinking water are important to know about. You must tell the Water Services Authority right away if you find out about one of these risks or hazards. You have to take action to keep people safe and investigate what is causing the problem. The Water Services Authority will then tell the medical officer of health about the risk or hazard. A declaration about what risks or hazards are important is secondary legislation, which has its own rules for publication, see Part 3 of the Legislation Act 2019 for more information. You can find more about this in the Legislation Act 2019 https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298343

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374712.

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Part 2Provisions relating to supply of drinking water
Requirements relating to notifications and record keeping

35Duty to notify Water Services Authority of notifiable risk or hazard

  1. The Water Services Authority may, by notice, declare risks or hazards that relate to or affect the supply of drinking water to be notifiable risks or hazards.

  2. A notice under subsection (1) may relate to—

  3. all drinking water supplies or drinking water suppliers; or
    1. a class of drinking water supplies or drinking water suppliers.
      1. A drinking water supplier must, immediately after becoming aware that a notifiable risk or hazard exists,—

      2. take immediate action to ensure that public health is protected; and
        1. notify the Water Services Authority of the notifiable risk or hazard in an approved form; and
          1. investigate the source or the cause of the notifiable risk or hazard; and
            1. take action to prevent, reduce, or eliminate the risk or hazard; and
              1. take all practicable steps, to the satisfaction of the Water Services Authority, to advise affected consumers and drinking water suppliers about the notifiable risk or hazard; and
                1. identify and implement measures required to ensure that the notifiable risk or hazard does not reoccur.
                  1. The Water Services Authority must, on receiving notification under subsection (2)(b), notify the relevant medical officer of health that a notifiable risk or hazard exists.

                  2. A declaration made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  Notes
                  • Section 35 heading: amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                  • Section 35(1): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                  • Section 35(1A): inserted, on , by section 131 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                  • Section 35(2)(b): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                  • Section 35(2)(e): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                  • Section 35(3): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).