Water Services Act 2021

Standards, enforcement, and other matters - Criminal proceedings - Liability of certain persons

170: Liability of elected officials

You could also call this:

"Elected officials are protected from being charged under the Water Services Act 2021."

Illustration for Water Services Act 2021

If you are an elected official, you cannot be charged with an offence against the Water Services Act 2021 if you are a member of a local authority, local board, or community board elected or appointed under the Local Electoral Act 2001. You are also protected if you are a board member of a school appointed or elected under the Education and Training Act 2020. In this context, a board and board member have the same meanings as in section 10(1) of the Education and Training Act 2020. A community board means a board established under section 49(1) of the Local Government Act 2002. A local authority and local board have the same meanings as in section 5(1) of the Local Government Act 2002. These terms are used to describe the roles of people in these positions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374897.

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Part 3Standards, enforcement, and other matters
Criminal proceedings: Liability of certain persons

170Liability of elected officials

  1. The following office holders, acting in that capacity, may not be charged with an offence against any section of this Act:

  2. a member of a local authority, local board, or community board elected or appointed under the Local Electoral Act 2001:
    1. a board member of a board of a school appointed or elected under the Education and Training Act 2020.
      1. In this section,—

        board and board member, in relation to a school, have the same meanings as in section 10(1) of the Education and Training Act 2020

          community board means a board established under section 49(1) of the Local Government Act 2002

            local authority and local board have the same meanings as in section 5(1) of the Local Government Act 2002.

            Notes
            • Section 170(1)(b): amended, on , by section 162(1)(a) of the Statutes Amendment Act 2025 (2025 No 74).
            • Section 170(1)(b): amended, on , by section 162(1)(b) of the Statutes Amendment Act 2025 (2025 No 74).
            • Section 170(2) board and board member: inserted, on , by section 162(2) of the Statutes Amendment Act 2025 (2025 No 74).
            • Section 170(2) board and trustee: repealed, on , by section 162(2) of the Statutes Amendment Act 2025 (2025 No 74).