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Water Services Act 2021

Standards, enforcement, and other matters - Enforceable undertakings

135: Proceedings for alleged contravention

You could also call this:

"What happens if someone breaks the water rules but promises to fix it"

Illustration for Water Services Act 2021

You cannot take someone to court for breaking the Water Services Act 2021 if they have made a promise to fix the problem and they are keeping that promise. You also cannot take someone to court if they have already made and kept a promise to fix the problem. The person in charge can accept a promise to fix the problem before the court case is finished. You can find more information about this by looking at the relevant law from 2015. The person in charge must try to stop the court case as soon as possible if they accept the promise. This is how the law works when someone breaks the rules and then promises to fix the problem.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374846.

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Topics:
Environment and resources > ConservationEnvironment and resources > Water managementCrime and justice > Police and safety
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Part 3Standards, enforcement, and other matters
Enforceable undertakings

135Proceedings for alleged contravention

  1. No proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act or regulations made under this Act may be brought against—

  2. a person who made an undertaking in relation to that contravention, while the undertaking is enforceable and there is no contravention of the undertaking:
    1. a person who made, and has completely discharged, an enforceable undertaking in relation to that contravention.

      1. The chief executive may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed.

      2. If the chief executive accepts an enforceable undertaking before the proceedings are completed, the chief executive must take all reasonable steps to have the proceedings discontinued as soon as practicable.

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