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Water Services Act 2021

Standards, enforcement, and other matters - Offences - Offences relating to duties associated with administration of Act

192: Offence for failing to comply with duty of due diligence

You could also call this:

"Breaking the law by not doing your job properly to keep drinking water safe"

Illustration for Water Services Act 2021

You commit an offence if you have a duty under section 29 and you fail to comply with that duty. You can be fined if you commit this offence. The fine amount depends on your role. You can be fined up to $50,000 if you are an employee or agent of a drinking water supplier. You can be fined up to $100,000 if you are an officer of a drinking water supplier. You can be convicted of this offence even if your employer has not been convicted. You can be held responsible for this offence whether or not your employer is held responsible. This applies to officers, employees, or agents of a drinking water supplier who have a duty under section 29. You must comply with your duties to avoid committing an offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374931.

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Health and wellbeing > Public healthHealth and wellbeing > Food and water safetyCrime and justice > Criminal law
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Part 3Standards, enforcement, and other matters
Offences: Offences relating to duties associated with administration of Act

192Offence for failing to comply with duty of due diligence

  1. A person commits an offence against this section if the person—

  2. has a duty under section 29; and
    1. fails to comply with that duty.

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

      2. for an individual who is an employee or an agent of a drinking water supplier, to a fine not exceeding $50,000:
        1. for an individual who is an officer of a drinking water supplier, to a fine not exceeding $100,000.

          1. An officer, employee, or agent of a drinking water supplier may be convicted or found guilty of an offence against this section whether or not the drinking water supplier has been convicted or found guilty of an offence against a provision to which the duty under section 29 relates.

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