Part 2Provisions relating to supply of drinking water
Emergency powers
62Special powers of Water Services Authority during drinking water emergency
If a drinking water emergency declaration is in force, the Water Services Authority may exercise all or any of the powers in subsection (2) for the purpose of preventing, reducing, or eliminating the serious risk to public health.
The powers are to—
- take immediate action, or direct any person to take immediate action, that the Water Services Authority believes, on reasonable grounds, will prevent, reduce, or eliminate the serious risk to public health:
- direct any person to stop, or prohibit any person from starting, anything that the Water Services Authority believes, on reasonable grounds, is a cause of, or contributes to, the serious risk to public health:
- requisition any property in order to prevent, reduce, or eliminate the serious risk to public health:
- destroy any property or any other thing in order to prevent, reduce, or eliminate the serious risk to public health:
- require all persons within a specified area to use an alternative drinking water supply:
- do emergency work, or direct a territorial authority to do emergency work, to ensure that an alternative supply of drinking water is available to affected persons:
- direct a territorial authority to supply drinking water to affected persons (whether in the district of that territorial authority or in the district of another territorial authority):
- direct a drinking water supplier to make arrangements to ensure that an alternative drinking water supply is available to affected consumers (for example, by water carrier):
- direct the closure of any public place, or any part of a public place:
- direct the cancellation of any public event, function, or gathering at any place:
- take any other action that the Water Services Authority believes is reasonably necessary to prevent, reduce, or eliminate the serious risk to public health.
The Water Services Authority must consult the Minister before exercising a power under subsection (2)(f) or (g) in relation to a territorial authority.
Every person who receives a direction, prohibition, or requirement from the Water Services Authority under subsection (2) must comply with that direction, prohibition, or requirement.
The Water Services Authority must issue a direction, prohibition, or requirement under subsection (2)(a) to (h), or (k), in accordance with the requirements in section 125.
A direction given under subsection (2)(i) or (j) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare
- 1956 No 65 s 69ZZD
Notes
- Section 62 heading: amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
- Section 62(1): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
- Section 62(2)(a): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
- Section 62(2)(b): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
- Section 62(2)(k): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
- Section 62(3): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
- Section 62(4): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
- Section 62(5): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).


