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Water Services Act 2021

Standards, enforcement, and other matters - Offences - Offences relating to failure to take immediate action to protect public health when drinking water unsafe

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

You could also call this:

"Not protecting public health with unsafe drinking water is a serious offence"

Illustration for Water Services Act 2021

You can commit an offence if you are a drinking water supplier and you do not take immediate action to protect public health when the water is unsafe. This is because you have a duty under sections like section 21(2)(a), 22(2)(a), or 35(2)(a) to keep people safe. If you fail to do this and it puts someone at risk of death, injury, or illness, you can be in trouble. You can get a big fine if you commit this offence. If you are an individual, the fine can be up to $300,000. If you are a company or a group, the fine can be up to $1.5 million. This is a serious offence because it can affect people's health and safety.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374904.

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Topics:
Health and wellbeing > Public healthCrime and justice > Criminal law
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174: Offence involving recklessness in failure to take immediate action when drinking water unsafe, or

"Breaking the law by not keeping drinking water safe when you know it's unsafe"

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

"Breaking the law by not telling the Water Services Authority about a water risk"

Part 3Standards, enforcement, and other matters
Offences: Offences relating to failure to take immediate action to protect public health when drinking water unsafe

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

  1. A drinking water supplier commits an offence against this section if—

  2. the supplier has a duty under section 21(2)(a), 22(2)(a), or 35(2)(a) to take immediate action to ensure that public health is protected; and
    1. the supplier fails to comply with that duty; and
      1. that failure exposes any individual to a serious risk of death, injury, or illness.

        1. A supplier who commits an offence against subsection (1) is liable on conviction,—

        2. for an individual, to a fine not exceeding $300,000:
          1. for a body corporate or an unincorporated body, to a fine not exceeding $1.5 million.