Water Services Act 2021

Standards, enforcement, and other matters - Enforceable undertakings

134: Withdrawal or variation of enforceable undertaking

You could also call this:

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

Illustration for Water Services Act 2021

You can withdraw or change an enforceable undertaking if the chief executive agrees in writing. You can either withdraw the undertaking or change its conditions. However, you cannot change the undertaking to relate to a different breach of the Water Services Act or its regulations. If you withdraw or change an undertaking, the Water Services Authority must tell the public about it on their website. They must also inform the community if the undertaking was given by a drinking water supplier. The Water Services Authority has to make sure the community knows about the withdrawal or change of the undertaking. You can find more information about this by looking at the Water Services Act and the Local Government (Water Services) (Repeals and Amendments) Act 2025.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374845.

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Part 3Standards, enforcement, and other matters
Enforceable undertakings

134Withdrawal or variation of enforceable undertaking

  1. A person who has given an enforceable undertaking may at any time, with the written agreement of the chief executive,—

  2. withdraw the undertaking; or
    1. vary the undertaking.
      1. However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act or regulations made under this Act.

      2. The Water Services Authority must make available to the public, on an Internet site maintained by or on behalf of the Water Services Authority, notice of the withdrawal or variation of an enforceable undertaking.

      3. In the case of an enforceable undertaking given by a drinking water supplier, the Water Services Authority must take steps to bring the withdrawal or variation of the undertaking to the attention of the community served by the supplier.

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      Notes
      • Section 134(3): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
      • Section 134(4): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).