Water Services Act 2021

Standards, enforcement, and other matters - Sentencing for offences

196: Release on giving of court-ordered enforceable undertaking

You could also call this:

"Released from Court if You Promise to Behave and Follow Rules"

Illustration for Water Services Act 2021

You can be released from court if you give a court-ordered enforceable undertaking. This means you promise to do certain things, like appear in court if they ask you to. The court can also tell you not to commit any offences against the Water Services Act. You have to follow the conditions of the undertaking for up to 2 years. If you do, the court might discharge you without a further hearing. The Water Services Authority must make the undertaking public on their website, unless the court says not to. If the court wants to see you, they will serve you with an order to appear at least 4 days before the hearing. You can be called to appear in court at any time during the 2 years. The court will check if you have followed the conditions of the undertaking at the end of the 2 years.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374938.

This page was last updated on 24 December 2025 — View changes

Topics:

Crime and justice > Courts and legal helpCrime and justice > Police and safetyEnvironment and resources > Conservation

195: Order for payment of chief executive's costs in bringing prosecution, or

"When someone breaks the law, the court can order them to pay the costs of the case"

197: Injunctions, or

"A court order to stop breaking water rules"

Part 3Standards, enforcement, and other matters
Sentencing for offences

196Release on giving of court-ordered enforceable undertaking

The court may (with or without recording a conviction) adjourn a proceeding for up to 2 years and make an order for the release of the offender if the offender gives an undertaking with specified conditions (a court-ordered enforceable undertaking).
A court-ordered enforceable undertaking must specify the following conditions:
that the offender appears before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned:
that the offender does not commit, during the period of the adjournment, any offence against this Act:
that the offender observes any special conditions imposed by the court.

An offender who has given a court-ordered enforceable undertaking under this section may be called on to appear before the court by order of the court.
An order under subsection (3) must be served on the offender not less than 4 days before the time specified in it for the appearance.
If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the court-ordered enforceable undertaking, it must discharge the offender without any further hearing of the proceeding.
The Water Services Authority must make available to the public, on an Internet site maintained by or on behalf of the Water Services Authority, notice of a court-ordered enforceable undertaking made in accordance with subsection (1), unless the court orders otherwise.

Compare

2015 No 70 s 156

Notes

Section 196(6): amended, on 27 August 2025, by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).