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Water Services Act 2021

Provisions relating to supply of drinking water - Emergency powers

59: Water Services Authority may declare drinking water emergency

You could also call this:

"Water Services Authority can declare a drinking water emergency to protect public health"

Illustration for Water Services Act 2021

The Water Services Authority can declare a drinking water emergency if they think there is a serious risk to public health. You need to know that a serious risk to public health means a risk to the drinking water supplied to consumers or a risk that there will not be enough drinking water in a geographical area. The Water Services Authority must talk to the Minister before declaring a drinking water emergency. The Water Services Authority must say what the emergency is, why they are declaring it, where it is happening, and how long it will last. They can change a drinking water emergency declaration if they need to. After declaring a drinking water emergency, the Water Services Authority must tell affected drinking water suppliers, territorial authorities, and the medical officer of health. A lifeline utility is explained in section 4 of the Civil Defence Emergency Management Act 2002. The Water Services Authority must also tell consumers about the drinking water emergency. Drinking water suppliers and territorial authorities must advise affected consumers about the emergency.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374743.

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Topics:
Health and wellbeing > Public healthEnvironment and resources > Food and water safety
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Part 2Provisions relating to supply of drinking water
Emergency powers

59Water Services Authority may declare drinking water emergency

  1. The Water Services Authority may declare a drinking water emergency if it believes, on reasonable grounds, that there is a serious risk to public health.

  2. In this subpart, serious risk to public health means a serious risk to public health relating to—

  3. the drinking water supplied to consumers; or
    1. the ongoing supply (including domestic self-supplies and shared domestic supplies) of a sufficient quantity of drinking water in a geographical area.

      1. Before declaring a drinking water emergency or amending a drinking water emergency declaration, the Water Services Authority must—

      2. consult the Minister; and
        1. to the extent practicable, consider the impact of the declaration or amendment on the operation of lifeline utilities.

          1. A drinking water emergency declaration must specify—

          2. the nature of the emergency; and
            1. the purpose of the declaration; and
              1. the geographical area or specific drinking water supply to which the declaration relates; and
                1. the period of time during which the declaration remains in force.

                  1. The Water Services Authority may amend a drinking water emergency declaration.

                  2. As soon as practicable after making or amending a drinking water emergency declaration, the Water Services Authority must—

                  3. give a copy of the declaration or amended declaration to every affected drinking water supplier and territorial authority and the relevant medical officer of health; and
                    1. publish a copy of the declaration or amended declaration in the Gazette; and
                      1. take all practicable steps, working with affected drinking water supplies and territorial authorities, to ensure that consumers are informed about the drinking water emergency.

                        1. After receiving a drinking water emergency declaration, a drinking water supplier and a territorial authority must advise, to the satisfaction of the Water Services Authority, affected consumers about the drinking water emergency.

                        2. In this section, lifeline utility has the meaning set out in section 4 of the Civil Defence Emergency Management Act 2002.

                        Compare
                        Notes
                        • Section 59 heading: amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                        • Section 59(1): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                        • Section 59(2)(b): amended, on , by section 142(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                        • Section 59(3): replaced, on , by section 142(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                        • Section 59(5): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                        • Section 59(6): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                        • Section 59(7): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                        • Section 59(8): inserted, on , by section 142(3) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).