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Water Services Act 2021

Provisions relating to supply of drinking water - Exemptions to requirements on drinking water suppliers

58: Exemption: residual disinfection

You could also call this:

"When drinking water suppliers don't have to add disinfectant to keep water safe"

Illustration for Water Services Act 2021

The chief executive can let a drinking water supplier stop using residual disinfection in their supply. You need to know that residual disinfection is a way to keep drinking water safe. The chief executive can do this for a single supplier or a group of suppliers. The chief executive can grant this exemption on their own or after a supplier asks for it. They must make sure the exemption is consistent with the main purpose of the Water Services Act 2021 and the purpose of exemptions (see section 58A). The chief executive also needs to be satisfied that the supplier will keep providing safe drinking water. An exemption can last for up to 15 years and the chief executive must publish the exemption on a website. If the exemption is for a group of suppliers, it is considered secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements). The chief executive must also publish their reasons for granting the exemption. The chief executive must not make the exemption too broad and must consult the public before granting an exemption to a group of suppliers, in accordance with section 53(2) and (3). You can find more information about the publication requirements for exemptions granted to a class of drinking water suppliers in the Legislation Act 2019, by visiting the link to Part 3. The chief executive will publish the exemption and their reasons on an Internet site maintained by or on behalf of the Water Services Authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS492755.

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Topics:
Health and wellbeing > Public healthEnvironment and resources > Water safety
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57: General exemptions, or

"When water suppliers don't have to follow some rules"

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Part 2Provisions relating to supply of drinking water
Exemptions to requirements on drinking water suppliers

58Exemption: residual disinfection

  1. The chief executive may exempt a drinking water supplier or class of drinking water supplier from the requirement to use residual disinfection in—

  2. a supply that includes reticulation; or
    1. any part of a supply that includes reticulation.

      1. The chief executive may grant the exemption on any conditions that the chief executive thinks fit.

      2. The chief executive must not grant the exemption unless—

      3. satisfied that the exemption is consistent with the main purpose of this Act; and
        1. satisfied that the exemption is consistent with the purpose of exemptions (see section 58A); and
          1. for an exemption in respect of an individual drinking water supplier, the supplier satisfies the chief executive that drinking water supplied by the supplier will comply with all other legislative requirements and the drinking water safety plan on an ongoing basis; and
            1. for an exemption in respect of a class of drinking water supplier, the chief executive has consulted the public in accordance with section 53(2) and (3).

              1. The chief executive may grant an exemption under this section—

              2. on the chief executive’s own volition; or
                1. after receiving an application for the exemption (which must be accompanied by the prescribed fee, if any).

                  1. However, the scope of the exemption must be no broader than is reasonably necessary in the circumstances.

                  2. An exemption may continue in force for not more than 15 years (and at the close of the date that is 15 years after the exemption first comes into force, the exemption must be treated as having been revoked unless it is sooner revoked or expires).

                  3. The chief executive must publish an exemption granted in respect of an individual drinking water supplier on an Internet site maintained by or on behalf of the Water Services Authority.

                  4. An exemption granted in respect of a class of drinking water supplier under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  5. The chief executive’s reasons for granting an exemption must be published with the exemption.

                  Notes
                  • Section 58(3)(aa): inserted, on , by section 140(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                  • Section 58(4): replaced, on , by section 140(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                  • Section 58(4A): inserted, on , by section 140(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                  • Section 58(5): amended, on , by section 140(3) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                  • Section 58(6): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).