Water Services Act 2021

Provisions relating to supply of drinking water - Statutory management and transfer of operations

83: Non-performance by drinking water supplier

You could also call this:

"What happens if a drinking water supplier doesn't do their job?"

Illustration for Water Services Act 2021

You need to know what happens if a drinking water supplier does not do their job. The chief executive checks if the supplier has not followed the rules or if there is a risk to public health, as stated in section 84. They can then choose to appoint someone else to do the supplier's job or make the supplier appoint someone. You should understand that the chief executive has the power to make these decisions. They can appoint one or more operators to take over the supplier's functions. This means the new operators will do the jobs that the supplier was supposed to do under the Water Services Act 2021. The chief executive can also require the drinking water supplier to appoint new operators. This is another way to make sure the supplier's jobs get done. The new operators will perform the supplier's functions or duties as stated in the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374771.

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"How to Choose a Safe Drinking Water Supplier"

Part 2Provisions relating to supply of drinking water
Statutory management and transfer of operations

83Non-performance by drinking water supplier

  1. This section applies if the chief executive considers, in accordance with section 84, that—

  2. a drinking water supplier has persistently failed to comply with 1 or more legislative requirements; or
    1. there is a serious risk to public health relating to a drinking water supply.
      1. The chief executive may—

      2. appoint 1 or more operators to act in place of the supplier to perform all or any of the supplier’s functions or duties as an operator under this Act; or
        1. require the drinking water supplier to appoint 1 or more operators to act in place of the supplier to perform all or any of the supplier’s functions or duties as an operator under this Act.
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