Water Services Act 2021

Standards, enforcement, and other matters - Criminal proceedings

160: Private prosecutions

You could also call this:

"When can you take someone to court under the Water Services Act?"

Illustration for Water Services Act 2021

You can file a charging document for an offence under the Water Services Act 2021 if the chief executive or a compliance officer is not taking action. You must have received notification from the Water Services Authority under section 158(2) that no action will be taken. The chief executive or compliance officer must not intend to take any action against the person. You can still file a charging document even if the person who committed the offence is dead. In this case, the chief executive or compliance officer is treated as if they intend to take action. This means you can go ahead with filing the charging document.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374873.

This page was last updated on 24 December 2025 — View changes

Topics:

Environment and resources > WaterCrime and justice > Courts and legal help

159: Prosecutions by chief executive, or

"Chief executive can take you to court for breaking water rules"

161: Continuing or repeated matters, or

"Dealing with ongoing or repeated problems"

Part 3Standards, enforcement, and other matters
Criminal proceedings

160Private prosecutions

A person other than the chief executive may file a charging document in respect of an offence under this Act if—
the chief executive or a compliance officer has not taken, and does not intend to take, enforcement action against any person in respect of the same incident, situation, or set of circumstances; and
the person has received notification from the Water Services Authority under section 158(2) that the chief executive or compliance officer—
1. has not taken enforcement action or prosecution action against any person in respect of the same incident, situation, or set of circumstances; and
2. does not intend to take any enforcement action.

For the purposes of subsection (1), if enforcement action or prosecution action cannot be taken against any person in respect of the same incident, situation, or set of circumstances because the person is dead, the chief executive or compliance officer must be treated as intending to take enforcement action or prosecution action.

Compare

2015 No 70 s 144

Notes

Section 160(1)(b): amended, on 27 August 2025, by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).