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Water Services Act 2021

Standards, enforcement, and other matters - Provisions relating to stormwater networks

139A: Stormwater environmental performance standards

You could also call this:

"Rules to keep stormwater clean and safe"

Illustration for Water Services Act 2021

The Governor-General can make rules to set standards for stormwater systems. You need to know these standards will help keep the environment clean. They will cover things like water quality and how much stormwater is released. The standards can include rules about what stormwater network operators can and cannot do. You will see these standards apply to all stormwater networks or just some of them. They cannot apply to just one network or operator. A standard can say when it does not apply and what activities are allowed under the Resource Management Act 1991. It can also say when existing stormwater infrastructure must be upgraded. You can find more information about these regulations in the Legislation Act 2019, check out Part 3 for publication requirements. The standards will help keep the air, water, and land clean by controlling discharges. They will also help prevent property from being flooded due to stormwater. You can learn more about the rules and standards by reading about the Resource Management Act 1991.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS914658.

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"Plans to Keep Wastewater Networks Safe"

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139B: Stormwater environmental performance standards: application of certain provisions of Resource Management Act 1991, or

"Rules for stormwater to protect the environment"

Part 3Standards, enforcement, and other matters
Provisions relating to stormwater networks

139AStormwater environmental performance standards

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister and following consultation undertaken by the Water Services Authority with stormwater network operators, regional councils, and any other person the Water Services Authority considers appropriate, make regulations to set stormwater environmental performance standards, including standards relating to—

  2. the environmental performance of stormwater networks, including the quality and quantity of stormwater:
    1. inundation of property as a result of the performance of the stormwater networks:
      1. discharges to air, water, or land.

        1. Stormwater environmental performance standards may include (without limitation) requirements, limits, conditions, or prohibitions.

        2. Stormwater environmental performance standards—

        3. may apply—
          1. to all stormwater networks and their operators; or
            1. to classes of stormwater network and their operators; but
            2. must not apply to an individual stormwater network or stormwater network operator.

              1. A stormwater environmental performance standard may specify—

              2. circumstances in which part or all of the stormwater environmental performance standard does not apply:
                1. the activity status under the Resource Management Act 1991 that an activity will have if it is performed in accordance with the standard:
                  1. the activities controlled by the standard for which the consent authority—
                    1. is precluded from giving public notification of an application for a resource consent:
                      1. is precluded from giving limited notification of an application for a resource consent:
                      2. a period during which—
                        1. existing stormwater infrastructure must be upgraded to meet the standard; or
                          1. new stormwater infrastructure must be built to meet the standard:
                          2. that a discharge consent for existing or new stormwater infrastructure must include a condition requiring the infrastructure to be upgraded or built within the specified period.

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

                            Notes
                            • Section 139A: inserted, on , by section 245 of the Water Services Legislation Act 2023 (2023 No 52).
                            • Section 139A(1): replaced, on , by section 159(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                            • Section 139A(3A): inserted, on , by section 159(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                            • Section 139A(4): amended, on , by section 159(3) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).