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Water Services Act 2021

Standards, enforcement, and other matters - Powers of compliance officers - Power to obtain information

109: Power to require name and address

You could also call this:

"When can you be asked for your name and address by a water compliance officer?"

Illustration for Water Services Act 2021

You can be asked to give your name and address if a compliance officer thinks you have broken a rule in the Water Services Act 2021. The officer must tell you why they need this information and warn you it is an offence not to give it, unless you have a good reason. If the officer doubts the information you give, they can ask for proof. You might be asked for your name and address if the officer sees you breaking a rule or has reason to suspect you have. The officer must follow rules about keeping information private, as outlined in the Search and Surveillance Act 2012. Other laws about keeping information private still apply, even if you are asked for your name and address.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374811.

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Topics:
Environment and resources > WaterRights and equality > Privacy
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Part 3Standards, enforcement, and other matters
Powers of compliance officers: Power to obtain information

109Power to require name and address

  1. A compliance officer may require a person to provide the person's name and residential address if—

  2. the officer finds the person committing an offence against this Act; or
    1. the officer finds the person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has committed an offence against this Act.

      1. When asking a person to provide their name and residential address, the compliance officer must—

      2. tell the person the reason for the requirement to provide their name and residential address; and
        1. warn the person that it is an offence to fail to provide their name and residential address, unless the person has a reasonable excuse.

          1. If the compliance officer reasonably believes that the name and residential address a person provides are false, the compliance officer may require the person to give evidence of their correctness.

          2. Subpart 5 of Part 4 of the Search and Surveillance Act 2012 (privilege and confidentiality) applies to anything done under this section.

          3. Nothing in this section limits any enactment that imposes a prohibition or restriction on the availability of any information.

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