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Water Services Act 2021

Miscellaneous provisions

201: Levy

You could also call this:

"A charge called a levy that some water suppliers and operators must pay"

Illustration for Water Services Act 2021

The Governor-General can make regulations to charge a levy. You will pay this levy if you are a drinking water supplier, wastewater network operator, or stormwater network operator. The levy will help pay for the costs of the Water Services Authority. You might have to pay the levy if you operate a water services network. The Minister must work out the costs of the Water Services Authority before making a recommendation. The Minister must also ask for advice from the Water Services Authority and talk to the people who will be affected by the levy. The regulations will say how much the levy is and how it will be paid. They might also say how the levy can be refunded or waived. The Water Services Authority must keep track of the levy payments it receives. You can learn more about the rules for publishing regulations in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374945.

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200: Regulations, or

"Rules Made by the Governor-General for Water Services"

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202: Recovery of fees and levies, or

"Paying back money owed to the Water Services Authority"

Part 4Miscellaneous provisions

201Levy

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing a levy for the purpose of recovering any or all of the costs of the Water Services Authority that relate to the performance or exercise of its functions, powers, and duties under this Act or any other enactment that is payable by 1 or more of the following:

  2. drinking water suppliers:
    1. wastewater network operators:
      1. stormwater network operators.

        1. A levy prescribed under subsection (1) in relation to any costs of the Water Services Authority that relate to the performance or exercise of its functions, powers, and duties under subpart 1AA of Part 3 (national engineering design standards for water services networks) is payable by a water service provider that operates the whole or any part of a network.

        2. Before making a recommendation under subsection (1), the Minister must—

        3. determine the costs of the Water Services Authority, including the costs of collecting the levy, to be covered by the levy; and
          1. request, and have regard to, advice from the Water Services Authority on the proposed levy; and
            1. consult the persons listed in subsection (1) who will be affected by the levy.

              1. Repealed

              2. Repealed

              3. Regulations made under this section must—

              4. specify the amount of the levy, or method of calculating or ascertaining the amount of the levy; and
                1. provide for the payment and collection of the levy; and
                  1. specify the financial year or part financial year to which the levy applies.

                    1. Regulations made under this section may—

                    2. specify the criteria or other requirements for setting or resetting the levy; and
                      1. prescribe different levies for different classes of person; and
                        1. provide for a penalty for the late payment of the levy; and
                          1. prescribe the circumstances and the way in which the levy, or any part of the levy, can be refunded or waived.

                            1. The Water Services Authority—

                            2. must ensure that each levy payment received under the regulations is separately accounted for; and
                              1. may, but need not, pay each such payment into a Crown Bank Account.

                                1. In subsection (1A), network means a water services network within the meaning of section 97C.

                                2. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                Compare
                                Notes
                                • Section 201(1): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                • Section 201(1A): inserted, on , by section 169(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                • Section 201(2)(a): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                • Section 201(2)(b): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                • Section 201(2A): repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
                                • Section 201(2B): repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
                                • Section 201(4)(ba): inserted, on , by section 169(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                • Section 201(5): replaced, on , by section 237(2) of the Water Services Entities Act 2022 (2022 No 77).
                                • Section 201(5): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                • Section 201(5A): inserted, on , by section 169(3) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).