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Water Services Act 2021

Standards, enforcement, and other matters - Sentencing for offences

199: Restriction or prohibition

You could also call this:

"Rules for limiting or stopping drinking water supplies"

Illustration for Water Services Act 2021

You can get a restriction order or a prohibition order from the court. A restriction order limits how you can operate a drinking water supply. A prohibition order stops you from operating a drinking water supply or parts of it. If you want to cancel one of these orders, you can apply to the court. You must tell the chief executive about your application. Someone from the Water Services Authority can give their opinion to help the court decide. The court can cancel or change the order, or refuse your application. When making a decision, the court thinks about what you did wrong, what you have done to fix the problem, and how you have behaved since the order was made. If the court changes or refuses your application, you can try to cancel it again after a certain date or if something important changes in your life.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374941.

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

199Restriction or prohibition

  1. The court may make—

  2. a restriction order, which specifies the ways in which the person is restricted in operating a drinking water supply; or
    1. a prohibition order, which prohibits the person from operating a drinking water supply or specified aspects of the supply.

      1. The following provisions apply if the person wants a restriction order or prohibition order cancelled:

      2. the person may apply to the court to cancel it:
        1. the application must be served on the chief executive:
          1. an employee or agent of the Water Services Authority may appear and be heard to help the court to determine whether to grant the application.

            1. The court may—

            2. cancel the order from the date stated in the order; or
              1. change the order from the date stated in the order; or
                1. change a prohibition order to a restriction order; or
                  1. refuse the application, in which case the court may specify the earliest date on which the person may make a further application for cancellation.

                    1. The court must take into account—

                    2. the nature of the offence of which the person was convicted; and
                      1. the steps taken (if any) to remedy the problem that resulted in the order; and
                        1. the person’s conduct since the order was made; and
                          1. the person’s character; and
                            1. any other circumstances of the case.

                              1. If the court changes the order or refuses the application, the person may apply for cancellation again—

                              2. once the date that the court specified under subsection (3)(d) has passed; or
                                1. once there has been a material change in the person’s circumstances.

                                  Compare
                                  Notes
                                  • Section 199(2)(c): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).