Water Services Act 2021

Standards, enforcement, and other matters - Offences - Offence relating to consumer complaints

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

You could also call this:

"Breaking the rules about telling consumers how to complain about their drinking water"

Illustration for Water Services Act 2021

If you are a drinking water supplier, you must tell consumers about the complaint process. You have to provide information, set up a complaints process, and report on it to the Water Services Authority. You also have to follow the rules about consumer complaints. If you do not do these things, you can get a fine. For an individual, the fine can be up to $10,000. For a company, the fine can be up to $200,000. You have to follow the rules in sections 38(1)(a), 38(1)(b), 38(1)(c), and 38(2) to avoid getting a fine.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374926.

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Part 3Standards, enforcement, and other matters
Offences: Offence relating to consumer complaints

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

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

  2. in accordance with regulations that apply to the supplier,—
    1. to comply with the duty under section 38(1)(a) to provide consumers with prescribed information; or
      1. to comply with the duty under section 38(1)(b) to establish, maintain, and administer a consumer complaints process; or
        1. to comply with the duty under section 38(1)(c) to report annually to the Water Services Authority on its consumer complaints process; or
        2. to comply with the duty under section 38(2) relating to consumer complaints.
          1. A supplier who commits an offence against subsection (1) is liable on conviction,—

          2. for an individual, to a fine not exceeding $10,000:
            1. for a body corporate or an unincorporated body, to a fine not exceeding $200,000.
              Notes
              • Section 188 heading: replaced, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
              • Section 188(1)(a)(ii): inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
              • Section 188(1)(a)(iii): inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
              • Section 188(1)(a)(iii): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
              • Section 188(1)(b): inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).