Water Services Act 2021

Provisions relating to supply of drinking water - Emergency powers

61: Drinking water emergency may be declared or continued even if other emergency declared

You could also call this:

"A drinking water emergency can be declared or kept even if another emergency is happening."

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You can declare a drinking water emergency even if another type of emergency has been declared. A drinking water emergency remains in force as stated in section 60, even if another emergency is declared. If a different emergency is declared under the Civil Defence Emergency Management Act 2002, Hazardous Substances and New Organisms Act 1996, or Biosecurity Act 1993, certain people must follow directions from specific authorities when exercising powers under section 62. You must follow the directions of the Controller, the relevant office holder, or the Minister, depending on the type of emergency declared. This means that the people in charge of the water services must work together with the authorities in charge of the other 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=LMS374745.

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"What the Water Services Authority can do in a drinking water emergency to keep you safe"

Part 2Provisions relating to supply of drinking water
Emergency powers

61Drinking water emergency may be declared or continued even if other emergency declared

  1. A drinking water emergency—

  2. may be declared even if an emergency has been declared under another enactment:
    1. remains in force in accordance with section 60, even if an emergency has been declared under another enactment.
      1. Despite subsection (1), if an emergency is declared under the Civil Defence Emergency Management Act 2002 or the Hazardous Substances and New Organisms Act 1996, or a biosecurity emergency is declared under the Biosecurity Act 1993, any compliance officer or employee of the Water Services Authority is, when exercising any powers conferred by section 62, subject to the direction of,—

      2. in the case of an emergency declared under the Civil Defence Emergency Management Act 2002, the Controller (within the meaning of section 4 of that Act); or
        1. in the case of an emergency declared under section 136 of the Hazardous Substances and New Organisms Act 1996, the relevant office holder who appointed the enforcement officer who declared the emergency under that Act, unless the Water Services Authority directs otherwise; or
          1. in the case of a biosecurity emergency declared under section 144 of the Biosecurity Act 1993, the Minister (within the meaning of section 145 of that Act), unless the Water Services Authority directs otherwise.
            Compare
            Notes
            • Section 61(2): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
            • Section 61(2)(b): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
            • Section 61(2)(c): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).