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Water Services Act 2021
Standards, enforcement, and other matters
Criminal proceedings
Limitation periods for prosecutions
164: Certain proceedings may be brought after end of limitation period if fresh evidence discovered

Part 1:
Preliminary provisions

Purpose and overview

3Purpose of this Act 4Overview of this Act

Interpretation

General

Key terms

6Meaning of drinking water 7Meaning of safe in relation to drinking water 8Meaning of drinking water supplier 9Meaning of drinking water supply 10Meaning of domestic self-supply and shared domestic supplier 11Meaning of operator 12Meaning of owner 13Meaning of point of supply 13AMeaning of mixed-use rural water scheme

Key principles relating to functions, powers, and duties

14Te Mana o te Wai: meaning, application, effect 15Duties not transferable 16Person may have more than 1 duty 17More than 1 person may have same duty

General

18Transitional, savings, and related provisions 19Act binds the Crown 19AApplication to New Zealand Defence Force 20Enforcement of Act against the Crown

Part 2:
Provisions relating to supply of drinking water

Duties of drinking water suppliers

21Duty to supply safe drinking water 22Duty to comply with drinking water standards 23Duty of owner of drinking water supply to register supply 24Duty to take reasonable steps to supply aesthetically acceptable drinking water 25Duty to provide sufficient quantity of drinking water 26Duties where sufficient quantity of drinking water at imminent risk 27Duty to protect against risk of backflow 28Duties relating to end-point treatment 29Duty of officers, employees, and agents to exercise due diligence

Drinking water safety plans

30Owner must have drinking water safety plan 31Drinking water safety plans 32Water Services Authority to review drinking water safety plans and monitor compliance 33Planned events 34Unplanned supply of drinking water

Requirements relating to notifications and record keeping

35Duty to notify Water Services Authority of notifiable risk or hazard 35ANotice to warn users of domestic self-supply or shared domestic supply about contamination 36Notification duties of drinking water supplier 37Drinking water suppliers to keep records

Consumer complaints

38Requirement for supplier to provide information to consumers and have complaints process 39Review by Taumata Arowai 40Water Services Authority to monitor compliance with complaints process 39Review by Taumata Arowai 40Taumata Arowai to monitor compliance with complaints process

Source water

41Purpose of subpart 42Application 43Source water risk management plans 43ASource water risk management plans: additional provisions for water service providers 44Suppliers to monitor source water quality 45Information sharing with local authorities 46Regional councils to publish information about source water

Standards, rules, directions, and other instruments

47Power to make drinking water standards 48Aesthetic values for drinking water 49Compliance rules 50Acceptable solutions or verification methods for drinking water 51Compliance with acceptable solution or verification method for drinking water 52Templates and models 53Water Services Authority consultation requirements

Drinking water supply register

54Application to register drinking water supply 55Register of drinking water supplies 56Duty to renew registration and notify changes

Exemptions to requirements on drinking water suppliers

57General exemptions 58Exemption: residual disinfection 58APurpose of exemptions

Emergency powers

59Water Services Authority may declare drinking water emergency 60Maximum duration of drinking water emergency declaration 61Drinking water emergency may be declared or continued even if other emergency declared 62Special powers of Water Services Authority during drinking water emergency 63Exemption during drinking water emergency 64Compensation for property requisitioned or destroyed 65Actions taken under emergency powers may be exempted from requirements of Part 3 of Resource Management Act 1991 66Regulations relating to emergency situations 67Effect of exemption

Authorisations

68Requirement for operators to be authorised 69Requirement for prescribed skills, qualifications, or experience in respect of drinking water supply or wastewater network 70Requirement for prescribed skills, qualifications, or experience for water sampling 71Requirement to comply with conditions of authorisation 72Regulations relating to authorisations

Laboratory accreditation and testing

73Duty to use accredited laboratory to analyse water 74Water Services Authority may appoint accreditation body 75Requirements relating to laboratories 76Charges 77Accreditation 78Criteria for accreditation 79Application for accreditation 80Suspension or revocation of accreditation 81Laboratory accreditation body must notify Water Services Authority of grant of, or change to, accreditation 82Register of accredited laboratories

Statutory management and transfer of operations

83Non-performance by drinking water supplier 84Criteria for appointment or renewal of appointment 85Effect of appointment 86Costs may be recovered from drinking water supplier 87Requirements for appointment 88Notice of appointment to drinking water supplier

Review and appeals

Internal review

89Application for internal review 90Decision of Water Services Authority 91Notice of decision on internal review 92Stay of reviewable decision on internal review

Appeals

93Appeal 94Interim order by District Court 95Appeal to High Court 96Appeals to Court of Appeal or Supreme Court 97Effect of appeal against compliance order

Part 3:
Standards, enforcement, and other matters

National Engineering Design Standards (NEDS) for water services networks

Provisions relating to appointment of compliance officers

98Appointment of compliance officers 99Identity cards 100Suspension and ending of appointment of compliance officers 101Compliance officers subject to Water Services Authority’s directions 102Chief executive has powers of compliance officer

Powers of compliance officers

Purpose

103Purpose of powers in this subpart

Directions

104Directions

Dealing with serious risk to public health

105Compliance officer powers where serious risk to public health exists 106Requirements relating to exercise of section 105 powers

Power to take samples and to conduct inquiries or inspections

107Power to take and test samples and to conduct inquiries or inspections

Power to obtain information

108Power to obtain information 109Power to require name and address 110Power to question drinking water supplier 111Powers of entry and inspection 112Power to enter without search warrant 113Notice of entry 114Power of Water Services Authority to authorise making of applications for search warrants 115Continuation of powers of entry and inspection without search warrants 116Conditions of entry, search, and seizure 117Building Act 2004 118Power to ask for assistance 119Protection of persons acting under authority of Act

Compliance orders

120Power to serve compliance order 121Compliance with compliance order 122Form and content of compliance order 123Chief executive may vary or cancel order 124Formal irregularities or defects in order 125General provisions relating to directions and orders

Remedial action

126When chief executive may carry out remedial action 127Power of chief executive to take other remedial action 128Costs of remedial or other action 129Civil proceedings relating to non-compliance with compliance order

Chief executive statements

129AChief executive statement relating to drinking water supply

Enforceable undertakings

130Chief executive may accept enforceable undertakings 131Notice of decision and reasons for decision 132When enforceable undertaking is enforceable 133Contravention of enforceable undertaking 134Withdrawal or variation of enforceable undertaking 135Proceedings for alleged contravention

Planning and reporting requirements of Water Services Authority

136Drinking water compliance, monitoring, and enforcement strategy 137Water Services Authority to publish annual drinking water regulation report

Provisions relating to wastewater networks

138Wastewater environmental performance standards 138ARepeal of provisions relating to National Policy Statement for Freshwater Management 138BWastewater environmental performance standards: application of certain provisions of Resource Management Act 1991 139Wastewater network risk management plans

Provisions relating to stormwater networks

139AStormwater environmental performance standards 139BStormwater environmental performance standards: application of certain provisions of Resource Management Act 1991

Infrastructure design solutions

139CInfrastructure design solutions 139DInfrastructure design solutions: application of certain provisions of Resource Management Act 1991

Monitoring and reporting on environmental performance of networks

140Interpretation 141Monitoring and reporting on environmental performance of networks 142Collection of information for monitoring and reporting on environmental performance 143Civil proceedings relating to non-compliance with section 142 or 146 144Network registers 145Environmental performance measures and targets for networks 146Record-keeping requirements for monitoring and reporting purposes 147Annual reporting on networks 148Further provisions relating to reporting

Infringement offences

149Interpretation 150Infringement offences 151When infringement notice may be issued 152How infringement notice may be served 153What infringement notice must contain 154Revocation of infringement notice before payment is made 155Payment of infringement fees 156Reminder notices

Criminal proceedings

157Meaning of enforcement action 158Person may notify chief executive of interest in knowing of enforcement action 159Prosecutions by chief executive 160Private prosecutions 161Continuing or repeated matters

Limitation periods for prosecutions

162Limitation period for prosecutions brought by chief executive 163Extension of time if chief executive needs longer to decide whether to bring prosecution 164Certain proceedings may be brought after end of limitation period if fresh evidence discovered

Defence for strict liability offences

165Defence in prosecution for strict liability offence

Liability of certain persons

166Liability of body corporate or unincorporated body 167Liability of body corporate, unincorporated body, principal, or individual 168Liability of officers, employees, and agents of drinking water supplier 169Liability of volunteers 170Liability of elected officials

Offences

Offences relating to supply of unsafe drinking water

171Offence involving recklessness in supply of unsafe drinking water 172Offence involving negligence in supply of unsafe drinking water 173Offence involving contamination of raw water or drinking water

Offences relating to failure to take immediate action to protect public health when drinking water unsafe

174Offence involving recklessness in failure to take immediate action when drinking water unsafe 175Offence involving negligence in failure to take immediate action when drinking water unsafe

Offence relating to duty to notify notifiable risk or hazard

176Offence involving failure to notify Water Services Authority of notifiable risk or hazard

Offence relating to duty to provide sufficient quantity of drinking water

177Offence involving failure to provide sufficient quantity of drinking water

Offences relating to duty to register drinking water supply

178Offence involving supply of drinking water from unregistered supply 179Offence involving provision of false or misleading information 180Offence involving failure to notify changes in details on register

Offence relating to drinking water safety plans

181Offence involving drinking water safety plan

Offences relating to exemptions, directions, and compliance orders

182Offence involving failure to comply with condition or direction 183Offence involving failure to comply with compliance order or court order

Offence involving failure to keep and maintain records

184Offence involving failure to keep and maintain records

Offence involving failure to comply with emergency directions

185Offence involving failure to comply with emergency directions or conditions

Offence relating to authorisations

186Offence involving breach of requirements relating to authorisations

Offence relating to planned events or unplanned supply of drinking water

187Offence relating to planned events or unplanned supply of drinking water

Offence relating to consumer complaints

188Offence involving failure to advise consumers about, provide, and report on complaint process

Offences relating to duties associated with administration of Act

189Offence involving hindering or obstructing Water Services Authority 190Offence involving threatening or assaulting employee or agent of Water Services Authority 191Offence involving deception by pretending to be employee or agent of Water Services Authority, or authorised person 192Offence for failing to comply with duty of due diligence

Sentencing for offences

193Application of subpart 194Sentencing criteria 195Order for payment of chief executive's costs in bringing prosecution 196Release on giving of court-ordered enforceable undertaking 197Injunctions 198Supervision and training orders 199Restriction or prohibition

Part 4:
Miscellaneous provisions

200Regulations 201Levy 202Recovery of fees and levies 203Delegations 204Information sharing with regulatory agencies 205Publication of instruments 206Amendments and revocation

Part 5:
Amendments to Local Government Act 2002

207Amendments to Local Government Act 2002 208Subpart 1 of Part 7 replaced 209Section 130 amended (Obligation to maintain water services)210Section 131 amended (Power to close down or transfer small water services)211Section 146 amended (Specific bylaw-making powers of territorial authorities)212Schedule 1AA amended 213Schedule 10 amended

Schedule 1:
Transitional, savings, and related provisions

Schedule 2:
Amendments and revocation

Summary of changes

Water Services Act 2021

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

164: Certain proceedings may be brought after end of limitation period if fresh evidence discovered

You could also call this:

"You can take someone to court after the time limit if new evidence is found."

Illustration for Water Services Act 2021

You can take someone to court after the time limit is up if new evidence is found. This new evidence must be about the offence and the court must agree it could not have been found earlier. The offence must be against a part of the Water Services Act 2021 called subpart 11.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374878.

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

Topics:

Crime and justice > Courts and legal helpEnvironment and resources > Conservation

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

"Getting more time to decide on a prosecution"

165: Defence in prosecution for strict liability offence, or

"It's not your fault: a defence against some water law charges"

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

164Certain proceedings may be brought after end of limitation period if fresh evidence discovered

Despite anything in section 162 or 163, the proceedings for an offence against subpart 11 may be brought after the end of the applicable limitation period if fresh evidence relevant to the offence is discovered and the court is satisfied that the evidence could not reasonably have been discovered within that period.

Compare

2015 No 70 s 149