Water Services Act 2021

Miscellaneous provisions

204: Information sharing with regulatory agencies

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"Water Services Authority shares information with agencies like Police or Ministry of Health"

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The Water Services Authority can share information with regulatory agencies. You can think of regulatory agencies like the New Zealand Police or the Ministry of Health. The Water Services Authority can give them information that might help them do their job. The Water Services Authority and regulatory agencies can also give each other information. They can share documents and impose conditions on how the information is used. This means they can say how the information should be stored and who can see it. The Water Services Authority and regulatory agencies must follow the Privacy Act 2020 when sharing information. You can read more about the Privacy Act 2020 on the https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23193. They can also make rules about how the information is used, like how it is stored and who can see it. A regulatory agency is an organisation that helps make sure rules are followed, like the New Zealand Police or the Ministry of Health. You can read more about what a regulatory agency is and how it works on the https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS356868 and https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329641. The Water Services Authority can also prescribe other agencies by notice, which is a type of official announcement. The Water Services Authority and regulatory agencies can share information even if there is a contract or agreement that says they cannot. This section of the law applies even if there are other rules that say something different. You can read more about secondary legislation and publication requirements on the https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298343.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374950.

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Part 4Miscellaneous provisions

204Information sharing with regulatory agencies

  1. Subject to any enactment,—

  2. the Water Services Authority may provide a regulatory agency with any information, or a copy of any document, that it—
    1. holds in relation to the performance or exercise of its functions, duties, or powers; and
      1. considers may assist the regulatory agency in the performance or exercise of the regulatory agency’s functions, duties, or powers; and
      2. a regulatory agency may provide the Water Services Authority with any information, or a copy of any document, that it—
        1. holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to any enactment; and
          1. considers may assist the Water Services Authority in the performance or exercise of its functions, duties, or powers.
          2. If subsection (1)(a) or (b) applies, the Water Services Authority or the regulatory agency (as the case may be) may impose conditions that it thinks fit relating to the provision of the information or document, including conditions relating to—

          3. the storage and use of, or access to, anything provided:
            1. the copying, returning, or disposing of copies of any documents provided.
              1. Nothing in subsection (2) limits the Privacy Act 2020.

              2. This section applies despite anything to the contrary in any contract, deed, or document.

              3. In this section,—

                agency means—

                1. a department or departmental agency (within the meaning of section 5 of the Public Service Act 2020):
                  1. a Crown entity (within the meaning of section 7 of the Crown Entities Act 2004)
                    1. regulatory agency means any of the following persons or agencies:

                      1. the New Zealand Police:
                        1. the New Zealand Transport Agency:
                          1. the Commerce Commission:
                            1. the Department of Internal Affairs, including any statutory officer who carries out work for that business or undertaking:
                              1. the Environmental Protection Authority:
                                1. Fire and Emergency New Zealand:
                                  1. a medical officer of health:
                                    1. the Ministry for the Environment, including any statutory officer who carries out work for that business or undertaking:
                                      1. the Ministry of Health:
                                        1. the Ministry of Business, Innovation, and Employment, including any statutory officer who carries out work for that business or undertaking:
                                          1. the Ministry for Primary Industries:
                                            1. a local authority:
                                              1. a water service provider:
                                                1. an agency prescribed by the Water Services Authority by notice.

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

                                                Compare
                                                Notes
                                                • Section 204(1)(a): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                • Section 204(1)(b): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                • Section 204(1)(b)(ii): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                • Section 204(2): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                • Section 204(5) regulatory agency paragraph (la): inserted, on , by section 170 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                                • Section 204(5) regulatory agency paragraph (m): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).