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Water Services Act 2021

Standards, enforcement, and other matters - Powers of compliance officers - Power to obtain information

111: Powers of entry and inspection

You could also call this:

"Compliance officers can enter and inspect places to check water services are safe"

Illustration for Water Services Act 2021

You can expect a compliance officer to enter and inspect certain places for specific reasons, such as those listed in section 103(a) to (e). They can enter a place, inspect it, and use powers outlined in section 107 or 108. Before entering, they must try to contact the owner or person in charge. You are protected in your home or marae, and a compliance officer cannot enter without your consent. They also cannot enter a defence area without a written agreement between the Water Services Authority and the Chief of Defence Force, as defined in section 2(1) of the Defence Act 1990. Compliance officers can enter areas with water services infrastructure, like treatment devices or backflow prevention devices. Compliance officers have certain powers when entering premises of a local authority or water organisation, as outlined in section 108. They must follow rules and respect your property when exercising these powers. This helps ensure your water supply is safe and well-managed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS489246.

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Part 3Standards, enforcement, and other matters
Powers of compliance officers: Power to obtain information

111Powers of entry and inspection

  1. A compliance officer may exercise a power under subsection (2) for 1 or more of the purposes in section 103(a) to (e).

  2. A compliance officer may, in respect of a place described in subsection (4),—

  3. enter the place; and
    1. inspect the place; and
      1. exercise the powers in section 107 or 108.

        1. Before exercising the power to enter a place, the compliance officer must make reasonable efforts to contact the owner, occupier, or person in charge of the place.

        2. The places are—

        3. any area where water services infrastructure is used to collect, treat, or transmit drinking water for supply to consumers, including—
          1. the point of supply:
            1. any end-point treatment device:
              1. any backflow prevention device; and
              2. when exercising the powers in section 108, any premises of a local authority or a water organisation that are relevant to a compliance officer’s powers under section 108.

                1. A compliance officer must not enter a home or a marae under this section, except with the consent of an occupier.

                2. A compliance officer must not enter a defence area (within the meaning of section 2(1) of the Defence Act 1990) under this section, except in accordance with a written agreement between the Water Services Authority and the Chief of Defence Force.

                Notes
                • Section 111(2)(c): amended, on , by section 150(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                • Section 111(4): replaced, on , by section 150(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                • Section 111(6): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).