Water Services Act 2021

Standards, enforcement, and other matters - Criminal proceedings - Limitation periods for prosecutions

162: Limitation period for prosecutions brought by chief executive

You could also call this:

"Time limit for taking someone to court over a water services offence"

Illustration for Water Services Act 2021

You can be prosecuted for an offence under the Water Services Act 2021 within a certain time period. The chief executive can bring proceedings within 12 months of when they knew or should have known about the incident. This time period can be different in certain situations, such as when a coroner completes an inquiry under section 94 of the Coroners Act 2006. You can also be prosecuted within 6 months of when the chief executive finds out an enforceable undertaking has been broken. The chief executive can agree to withdraw an enforceable undertaking under section 134(1). This rule is also subject to section 163. The time period for prosecution can vary depending on the situation, but it is generally within 12 months of the incident or 6 months of certain events, such as a coroner's inquiry or an enforceable undertaking being broken, as outlined in the Criminal Procedure Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374876.

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

Topics:

Environment and resources > WaterCrime and justice > Police and safety

161: Continuing or repeated matters, or

"Dealing with ongoing or repeated problems"

163: Extension of time if chief executive needs longer to decide whether to bring prosecution, or

"Getting more time to decide on a prosecution"

Part 3Standards, enforcement, and other matters
Criminal proceedings: Limitation periods for prosecutions

162Limitation period for prosecutions brought by chief executive

Despite section 25 of the Criminal Procedure Act 2011, proceedings for an offence under this Act may be brought by the chief executive within the latest of the following periods to occur:
within 12 months after the date on which the incident, situation, or set of circumstances to which the offence relates first became known, or ought reasonably to have become known, to the chief executive:
within 6 months after the date on which a coroner completes and signs a certificate of findings under section 94 of the Coroners Act 2006 if it appears from the certificate of findings (or the proceedings of an inquiry) that an offence has been committed under this Act:
if an enforceable undertaking has been given in relation to the offence, within 6 months after—
1. the enforceable undertaking is contravened; or
2. it comes to the notice of the chief executive that the enforceable undertaking has been contravened; or
3. the chief executive has agreed under section 134(1) to the withdrawal of the enforceable undertaking.

Subsection (1) is subject to section 163.

Compare

2015 No 70 s 146