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Water Services Act 2021

Provisions relating to supply of drinking water - Review and appeals - Appeals

93: Appeal

You could also call this:

"Challenging a Decision: How to Appeal"

Illustration for Water Services Act 2021

You can appeal to the District Court if you think a decision is unreasonable. You can appeal against a decision made under section 64(5), the Water Services Authority's decision on an internal review under section 90, or a compliance order issued under section 120. You must lodge your appeal within 20 working days of the decision or order. You can ask the court to look at the decision or order again. The court can then decide to confirm or change the decision, set it aside, or send it back to the person who made it. The court can also give directions on how to deal with the matter. The court has the power to make a new decision or order if it thinks that is best. It can also cancel a compliance order and replace it with a new one. The court will make its decision based on the information it has, and it will try to make a fair decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374786.

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Part 2Provisions relating to supply of drinking water
Review and appeals: Appeals

93Appeal

  1. A person may appeal to the District Court against any of the following on the grounds that it is unreasonable:

  2. a decision or determination specified in section 64(5):
    1. the Water Services Authority’s decision under section 90 on an internal review:
      1. the whole or any part of a compliance order issued under section 120.

        1. The appeal must be lodged within 20 working days after the day on which the decision or determination first came to the person's notice or the compliance order was served on the person.

        2. On an appeal under subsection (1), the court must inquire into the decision, determination, or compliance order and may—

        3. confirm or vary the decision, determination, or compliance order; or
          1. set aside the decision or determination, or cancel the compliance order; or
            1. set aside the decision or determination and substitute another decision or determination that the court considers appropriate; or
              1. cancel the compliance order and substitute another compliance order that the court considers appropriate; or
                1. refer the decision, determination, or compliance order back to the decision maker with the court’s opinion, together with any directions as to how the matter should be dealt with.

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                  Notes
                  • Section 93(1)(b): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).