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Water Services Act 2021

Standards, enforcement, and other matters - Remedial action

129: Civil proceedings relating to non-compliance with compliance order

You could also call this:

"What happens if someone doesn't follow a compliance order"

Illustration for Water Services Act 2021

You can go to the District Court if someone does not follow a compliance order. The chief executive can ask the court to make an order to make the person follow the compliance order. The court can also stop the person from breaking the compliance order. The court will make an order if the person has not followed the compliance order or is likely to break it. The court can make this order even if the person has not been charged with an offence related to the compliance order. The court can also make an order even if the time to follow the compliance order has expired. You can find more information about this by looking at the relevant legislation. The District Court has the power to make these orders to ensure people follow compliance orders. This helps keep everyone safe and follows the rules of the Water Services Act 2021.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374839.

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Topics:
Crime and justice > Courts and legal helpEnvironment and resources > Water
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Part 3Standards, enforcement, and other matters
Remedial action

129Civil proceedings relating to non-compliance with compliance order

  1. On application by the chief executive, the District Court may make an order—

  2. compelling a person to comply with a compliance order; or
    1. restraining a person from contravening a compliance order.

      1. The District Court may make an order—

      2. under subsection (1)(a) if it is satisfied that the person has refused or failed to comply with a compliance order:
        1. under subsection (1)(b) if it is satisfied that the person has contravened, is contravening, or is likely to contravene a compliance order.

          1. The District Court may make an order under this section—

          2. whether or not proceedings have been brought for an offence against this Act in connection with any matter in relation to which the compliance order was issued; and
            1. whether or not the compliance period for the compliance order has expired.

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