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Water Services Act 2021

Standards, enforcement, and other matters - Criminal proceedings - Defence for strict liability offences

165: Defence in prosecution for strict liability offence

You could also call this:

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

Illustration for Water Services Act 2021

If you are being prosecuted for a strict liability offence under the Water Services Act 2021, you have a defence if you can prove that the offence happened because of someone else's actions, an accident, or something outside your control. You must also show that you took all reasonable precautions and were diligent, as defined in section 29, to avoid the offence. The court will consider all relevant matters when deciding your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374881.

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Environment and resources > WaterCrime and justice > Criminal law
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164: Certain proceedings may be brought after end of limitation period if fresh evidence discovered, or

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

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166: Liability of body corporate or unincorporated body, or

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Part 3Standards, enforcement, and other matters
Criminal proceedings: Defence for strict liability offences

165Defence in prosecution for strict liability offence

  1. This section applies in a prosecution for an offence against any section listed in the following table:

    The following table is small in size and has 2 columns. Column 1 is headed Section. Column 2 is headed Description.
    Section Description
    172 Negligence in supply of unsafe drinking water
    173 Offence involving contamination of raw water or drinking water
    175 Negligence in failure to take immediate action when drinking water unsafe
    176 Failure to notify Water Services Authority of notifiable risk or hazard
    177 Failure to provide sufficient quantity of drinking water
    178 Supplying drinking water from unregistered supply
    179 Providing false or misleading information
    180 Failure to notify changes in details on register
    181 Failure to comply with requirements relating to drinking water safety plan
    182 Failure to comply with condition, direction, prohibition, or requirement
    183 Failure to comply with compliance order or court order
    184 Failure to keep and maintain records
    185 Failure to comply with emergency directions
    186 Breach of requirements relating to authorisations
    187 Offences relating to planned events or unplanned supply of drinking water
    188 Failure to advise consumers about, provide, and report on complaint process
    192 Failure to comply with duty of due diligence

  2. The defendant has a defence if the defendant proves that—

  3. the commission of the offence was due to—
    1. the act or omission of another person; or
      1. an accident; or
        1. some other cause outside the defendant’s control; and
        2. the defendant took all reasonable precautions and exercised due diligence, as defined in section 29, to avoid the commission of the offence or offences of the same kind.

          1. For the purposes of this section, the court may take into account all relevant matters, including—

          2. the likelihood of the hazard or risk concerned, including the risk to public health, occurring; and
            1. the degree of harm that might result from the hazard or risk; and
              1. what the person concerned knows, or ought reasonably to know, about—
                1. the hazard or risk; and
                  1. ways of eliminating or minimising the risk; and
                  2. the availability and suitability of ways to eliminate or minimise the risk.

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                    Notes
                    • Section 165(1): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                    • Section 165(1): amended, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).