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Water Services Act 2021

Schedule 1: Transitional, savings, and related provisions

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"Rules to help change to the new water safety laws"

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The Water Services Act 2021 has rules to help keep you safe when drinking water. You need to know what these rules are. The rules are about how water is treated and tested to make sure it is safe to drink.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374999.

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213: Schedule 10 amended, or

"Changes to a part of the Water Services Act called Schedule 10"

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"Changes to Other Laws and Rules"

1Transitional, savings, and related provisions Empowered by s 18

1Provisions relating to this Act as enacted

1Interpretation

  1. In this Part, unless the context otherwise requires, commencement date means the day on which this Part comes into force.

2Drinking water standards

  1. The Drinking-water Standards for New Zealand 2005 (Revised 2018), as in force under Part 2A of the Health Act 1956 immediately before the commencement date, continue in force and may be amended or revoked as if they were drinking water standards under this Act.

  2. Taumata Arowai must review the Drinking-water Standards of New Zealand 2005 (Revised 2018) within 5 years after the commencement date to determine whether they are fit for purpose.

3Drinking water safety plans

  1. Every water safety plan approved by a drinking water assessor under the Health Act 1956 that is in effect immediately before the commencement date must be treated as a drinking water safety plan to which section 30(3) of this Act applies, until the date by which the applicable requirement in clause 4(3), 5(2)(b), or 6(2)(c) is required to be complied with.

  2. To avoid doubt, subclause (1) applies irrespective of the expiry date of the water safety plan under the Health Act 1956.

4Application of Act to drinking water suppliers registered under Health Act 1956

  1. This clause applies to a drinking water supplier who, immediately before the commencement date,—

  2. is registered under section 69J of the Health Act 1956; and
    1. has 1 or more drinking water supplies recorded under that section (the recorded drinking water supplies).

      1. The recorded drinking water supplies are registered in accordance with subpart 7 of Part 2 on the commencement date.

      2. The drinking water supplier must provide Taumata Arowai with a drinking water safety plan for the recorded drinking water supplies that complies with section 30(1) within 1 year after the commencement date.

      3. Except as provided in subclause (3) or in regulations made under clause 10, this Act applies to the drinking water supplier in respect of the recorded drinking water supplies from the commencement date.

      5Application of Act to water carriers not registered under Health Act 1956

      1. This clause applies to a water carrier who, immediately before the commencement date, is not registered under section 69J of the Health Act 1956.

      2. The water carrier—

      3. must apply to register the supply under section 54 within 1 year after the commencement date; and
        1. must provide Taumata Arowai with a drinking water safety plan that complies with section 30(1) within 1 year after the commencement date; and
          1. must comply, on and from the commencement date, with—
            1. sections 21(1) and 22(1); and
              1. any directions or compliance orders issued under section 104, 105, or 120.

              2. Except as provided in subclause (2) and in regulations made under clause 10, this Act applies to a water carrier from the earlier of the following:

              3. the date on which the water carrier complies with the requirement in subclause (2)(b):
                1. the date by which the requirement in subclause (2)(b) is required to be complied with.

                  6Application of Act to other drinking water suppliers not registered under Health Act 1956

                  1. This clause applies to a drinking water supplier (other than a water carrier) who, immediately before the commencement date,—

                  2. is not registered under section 69J of the Health Act 1956; or
                    1. is registered under section 69J of the Health Act 1956 and has 1 or more drinking water supplies that are not recorded under that section.

                      1. The drinking water supplier must, in respect of any drinking water supply not recorded under section 69J of the Health Act 1956,—

                      2. comply, on and from the commencement date, with—
                        1. section 21(1); and
                          1. any directions or compliance orders issued under section 104, 105, or 120; and
                          2. apply to register the supply under section 54 within 7 years after the commencement date; and
                            1. unless section 30(1A) applies, provide the Water Services Authority with a drinking water safety plan that complies with section 30(1) within 9 years after the commencement date.

                              1. A drinking water supplier is, in respect of any drinking water supply not recorded under section 69J of the Health Act 1956,—

                              2. not liable for an offence committed against this Act during the period starting with the commencement date and ending on the date that is 9 years after the commencement date, except—
                                1. for an offence committed against section 182, 183, 185, 189, 190, or 191; and
                                  1. as provided in paragraph (b); and
                                  2. liable for an offence committed against section 178, 179, or 180 during the period starting with the date that is 7 years after the commencement date and ending on the date that is 9 years after the commencement date.

                                    1. Except as provided in subclauses (2) and (3) and in regulations made under clause 10, this Act applies to a drinking water supplier in respect of any drinking water supply not recorded under section 69J of the Health Act 1956 from the earliest of the following:

                                    2. the date on which the supplier complies with the requirement in subclause (2)(c):
                                      1. the date by which the requirement in subclause (2)(c) is required to be complied with:
                                        1. if section 30(1A) applies, the date that is 9 years after the commencement date.

                                          Notes
                                          • Schedule 1 clause 6(2)(b): amended, on , by section 171(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                          • Schedule 1 clause 6(2)(c): replaced, on , by section 171(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                          • Schedule 1 clause 6(3)(a): amended, on , by section 171(3) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                          • Schedule 1 clause 6(3)(b): amended, on , by section 171(3) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                          • Schedule 1 clause 6(3)(b): amended, on , by section 171(4) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                          • Schedule 1 clause 6(4): amended, on , by section 171(5) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                          • Schedule 1 clause 6(4)(c): inserted, on , by section 171(6) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).

                                          7Authorisation requirements

                                          1. Despite section 68, every local authority and water organisation that operates a drinking water supply must be authorised, or have its drinking water supply operated by an authorised supplier, within 10 years after the commencement date.

                                          Notes
                                          • Schedule 1 clause 7: amended, on , by section 171(7) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                          • Schedule 1 clause 7: amended, on , by section 171(8) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).

                                          8First drinking water compliance, monitoring, and enforcement strategy

                                          1. The board of Taumata Arowai must be treated as complying with its obligation to prepare and publish its first drinking water compliance, monitoring, and enforcement strategy if it does so within 12 months after the commencement of that section.

                                          9Accreditation of laboratories

                                          1. A laboratory recognised by the Director-General of Health under section 69ZY of the Health Act 1956 immediately before the commencement date is an accredited laboratory for the purposes of section 73 until the earlier of the following:

                                          2. the date on which the laboratory is accredited under section 77:
                                            1. the date that is 3 years after the commencement date.

                                              10Transitional regulation-making power

                                              1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations to apply a provision or provisions of this Act to a person or class of persons on a date that is sooner than that specified in this Part.

                                              2. The Minister may make a recommendation under this clause only after consulting the persons Taumata Arowai considers are affected by the regulations.

                                              3. Regulations made under this clause are revoked on the date that is 7 years after the commencement date, unless earlier revoked.

                                              4. This clause is repealed on the date that is 7 years after the commencement date.

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

                                              Notes

                                                2Provisions relating to Legislation Act 2019

                                                11Application of Part

                                                1. This Part applies until the main commencement date (as defined in clause 2 of Schedule 1 of the Legislation Act 2019).

                                                12Definition of legislative requirement

                                                1. In addition to the definition in section 5, legislative requirement includes a requirement imposed by—

                                                2. an Order in Council made under this Act; or
                                                  1. an instrument issued by Taumata Arowai that is a disallowable instrument for the purposes of the Legislation Act 2012.

                                                    13Declaration of notifiable risks or hazards

                                                    1. This clause applies to a declaration of notifiable risks or hazards under section 35.

                                                    2. A declaration must be published in the Gazette and on an Internet site maintained by or on behalf of Taumata Arowai.

                                                    3. A declaration is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

                                                    14Notices, compliance rules, acceptable solutions or verification methods, and wastewater environmental performance standards

                                                    1. This clause applies to—

                                                    2. a notice of aesthetic values made under section 48; and
                                                      1. compliance rules made under section 49; and
                                                        1. an acceptable solution or verification method issued under section 50; and
                                                            1. a notice in respect of record-keeping requirements made under section 146.

                                                              1. An instrument to which this clause applies must be—

                                                              2. published and made available in accordance with section 205 as if that section applied to it; and
                                                                1. notified in the Gazette.

                                                                  1. An instrument to which this clause applies is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

                                                                  Notes
                                                                  • Schedule 1 clause 14(1)(d): repealed, on , by section 171(9) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).

                                                                  15Exemptions

                                                                  1. This clause applies to—

                                                                  2. an exemption granted under section 57 or 63; and
                                                                    1. an exemption granted in respect of a class of drinking water supplier under section 58.

                                                                      1. An exemption must be published in the Gazette and on an Internet site maintained by or on behalf of Taumata Arowai.

                                                                      2. An exemption is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

                                                                      16Direction by Taumata Arowai

                                                                      1. This clause applies to a direction given under section 62(2)(i) or (j).

                                                                      2. A direction must be published in the Gazette and on an Internet site maintained by or on behalf of Taumata Arowai.

                                                                      3. A direction is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

                                                                      17Notices relating to laboratories

                                                                      1. This clause applies to a notice made under section 75 or 76.

                                                                      2. A notice must be published in the Gazette and on an Internet site maintained by or on behalf of Taumata Arowai.

                                                                      3. A notice is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

                                                                      18Notice of prescribed agency

                                                                      1. This clause applies to a notice made under section 204(5)(k).

                                                                      2. A notice must be published in the Gazette and on an Internet site maintained by or on behalf of Taumata Arowai.

                                                                      3. A notice is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

                                                                      3Provisions relating to Local Government (Water Services) Act 2025

                                                                      19Interpretation

                                                                      1. In this Part, unless the context otherwise requires, commencement date means the day on which this Part comes into force.

                                                                      Notes
                                                                      • Schedule 1 clause 19: inserted, on , by section 171(10)(a) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).

                                                                      National Engineering Design Standards (NEDS)

                                                                      20Infrastructure that is compliant before NEDS in force

                                                                      1. Despite subpart 1AA of Part 3 and section 200(1)(ca), the National Engineering Design Standards contained in regulations made under that section do not apply to the design, construction, and operational performance of water services infrastructure and services if the work on design, construction, and operational performance is completed in accordance with all requirements of, and approvals under, this Act before those regulations come into force.

                                                                      Notes
                                                                      • Schedule 1 clause 20: inserted, on , by section 171(10)(a) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).

                                                                      Consultation under section 138 or 139A

                                                                      21Consultation undertaken before commencement date

                                                                      1. Any consultation undertaken under section 138(1) or 139A(1) before the commencement date may be considered to have been undertaken for the purposes of making regulations under those sections after the commencement date.

                                                                      2. To avoid doubt, subclause (1) applies despite—

                                                                      3. the consultation being undertaken about proposed environmental performance standards under section 138(1) or 139A(1) as those sections appeared immediately before the commencement date; and
                                                                        1. the changes made, on and from the commencement date, by the Local Government (Water Services) (Repeals and Amendments) Act 2025 to—
                                                                          1. the process for making an environmental performance standard under those sections; and
                                                                            1. the application of an environmental performance standard made under those sections.

                                                                            Notes
                                                                            • Schedule 1 clause 21: inserted, on , by section 171(10)(a) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).