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Water Services Act 2021

Standards, enforcement, and other matters - Enforceable undertakings

133: Contravention of enforceable undertaking

You could also call this:

"Breaking a promise to the Water Services Authority can lead to fines or court orders."

Illustration for Water Services Act 2021

If you break an enforceable undertaking, the chief executive can ask the High Court for an order. The court can make you comply with the undertaking or give you a fine of up to $50,000 if you are an individual or $300,000 in other cases. The court can also make other orders, such as making you pay the Water Services Authority's costs. If you contravene an enforceable undertaking, the court can make orders to direct you to comply or give you a fine. You may also have to pay the Water Services Authority's costs for monitoring your compliance in the future. This does not stop other proceedings from being brought against you for breaking the law. The chief executive can apply to the High Court if you break an enforceable undertaking, and the court can make various orders against you. You can be fined or made to comply with the undertaking, and you may have to pay costs. The court's orders can include paying the Water Services Authority's costs for monitoring your compliance.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374844.

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Topics:
Environment and resources > WaterCrime and justice > Police and safety
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132: When enforceable undertaking is enforceable, or

"When a promise to fix a problem becomes legally binding"

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134: Withdrawal or variation of enforceable undertaking, or

"Changing or cancelling a promise to follow the Water Services Act rules"

Part 3Standards, enforcement, and other matters
Enforceable undertakings

133Contravention of enforceable undertaking

  1. The chief executive may apply to the High Court for an order if a person contravenes an enforceable undertaking.

  2. If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders:

  3. an order directing the person to comply with the undertaking:
    1. a civil pecuniary penalty not exceeding $50,000 for an individual or $300,000 in any other case:
      1. an order discharging the undertaking.

        1. In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the Water Services Authority—

        2. the reasonable costs of the proceedings; and
          1. the reasonable costs of the Water Services Authority in monitoring compliance with the enforceable undertaking in the future.

            1. This section does not prevent proceedings being brought for the contravention or alleged contravention of this Act or regulations made under this Act to which the enforceable undertaking relates.

            Compare
            Notes
            • Section 133(3): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
            • Section 133(3)(b): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).