84Criteria for appointment or renewal of appointment

1. In determining whether an appointment under section 83 should be made, the chief executive must consider—

2. the previous compliance record of the drinking water supplier, including any compliance action or prosecution initiated by the chief executive and the outcome; and
3. the likelihood that the drinking water supplier will be able to comply with the supplier’s functions or duties as an operator under this Act; and
4. the risk to public health posed by the drinking water supplier’s previous compliance record and likely compliance in the future; and
5. the extent to which the requirements in sections 68, 69, and 71, and the requirements prescribed by regulations made under section 200, have been met in respect of the drinking water supply; and
6. the likelihood that the drinking water supplier will be able to meet the requirements in sections 68, 69, and 71, and the requirements prescribed by regulations made under section 200, in respect of the drinking water supply; and
7. the results of any assessment under section 125 of the Local Government Act 2002.

8. If section 83(1) applies in respect of a drinking water supplier that is not a territorial authority, the chief executive must consult the territorial authority or authorities responsible for the area in which the drinking water supply is located before making an appointment under section 83(2).

9. In deciding whether to renew an appointment made under section 83(2), the chief executive must—

10. consider—
    1. the matters specified in subsection (1); and
    2. the results of any consultation undertaken under subsection (2); and
11. revoke the appointment and direct the supplier to resume the performance of the supplier’s functions or duties if the chief executive considers that the supplier is capable of doing so.

12. If subsection (3)(b) applies, the chief executive must give the person appointed under section 83(2) notice of the revocation of that person's appointment.