106Requirements relating to exercise of section 105 powers

1. The exercise of any power referred to in section 105(3) that would otherwise involve the contravention of any of sections 9, 12, 13, 14, and 15 of the Resource Management Act 1991 is not a contravention of any of those sections if, before the exercise of the power, the compliance officer—

2. consults the relevant consent authority and takes account of any views expressed by the authority about the way in which the power is to be exercised; and
3. obtains the consent of the Water Services Authority to the exercise of the power.

4. A compliance officer must—

5. take all practicable steps to consult affected drinking water suppliers before exercising a power referred to in section 105(3); and
6. in every case, take all reasonable steps to comply with rules that relate to health and safety at any place, while the officer exercises any power referred to in section 105(3) in that case.

7. A direction imposed under section 105(3) ceases to have effect at the expiry of 72 hours after it is imposed unless, before the expiry of that period, the Water Services Authority—

8. is satisfied that the direction ought to continue in effect; and
9. has declared a drinking water emergency under section 59 in relation to the risk of harm that was the reason for imposing that direction.