Local Government (Water Services Preliminary Arrangements) Act 2024

Preliminary provisions

5: Interpretation

You could also call this:

"What special words mean in this law about water services"

When you read this Act, some words have special meanings. The Commission means the Commerce Commission established by section 8 of the Commerce Act 1986. You are a consumer if you use water services.

A council-controlled organisation is defined in section 6(1) of the Local Government Act 2002. The Crown facilitator is a person appointed under section 25 to help with water services delivery plans. The Crown water services specialist is a person appointed under section 28 to help with water services.

A department is a government department that looks after this Act. Drinking water supply is defined in section 9 of the Water Services Act 2021. A financial year is 12 months ending on 30 June.

Water services are financially sustainable if a territorial authority has enough money to deliver water services and meet standards. Firefighting water supplies are defined in section 6 of the Fire and Emergency New Zealand Act 2017. A government department is listed in Schedule 2 of the Public Service Act 2020.

Green water services infrastructure helps deliver water services in a natural way. A joint arrangement is when two or more territorial authorities work together to deliver water services. A joint service area is the combined districts of territorial authorities working together.

A joint water services council-controlled organisation is a council-controlled organisation that delivers water services for two or more territorial authorities. A joint water services delivery plan is a plan for delivering water services for two or more territorial authorities. The LGA2002 means the Local Government Act 2002.

A long-term plan is defined in section 5(1) of the LGA2002. The Minister is the person responsible for this Act. A ministerial appointee is a Crown facilitator or a Crown water services specialist.

An overland flow path is the path stormwater takes on the surface of land. A price includes any amount of money paid for water services and how it is paid. The Secretary means the Secretary for Local Government.

A stormwater network is the system that collects and manages stormwater in urban areas. Taumata Arowai is the Water Services Regulator established by section 8 of the Taumata Arowai–the Water Services Regulator Act 2020. A territorial authority is defined in section 5(1) of the LGA2002.

An urban area is an area used for residential, industrial, or commercial activities. Urban development is defined in section 10 of the Urban Development Act 2020. A wastewater network is the system that collects and manages wastewater.

Water services include water supply, stormwater, and wastewater services. A water services council-controlled organisation delivers water services. A water services delivery plan is a plan for delivering water services. A water supply network is the system that provides drinking water and firefighting water supplies.

Watercare means Watercare Services Limited and its subsidiaries. A watercourse is a stream or river that is part of the stormwater system in an urban area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964449.


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"What the Local Government (Water Services Preliminary Arrangements) Act 2024 is about and how it works."


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Part 1Preliminary provisions

5Interpretation

  1. In this Act, unless the context otherwise requires,—

    Commission means the Commerce Commission established by section 8 of the Commerce Act 1986

      consumer means a person who consumes, uses, acquires, or is provided with, water services

        council-controlled organisation has the meaning set out in section 6(1) of the Local Government Act 2002

          Crown facilitator means a Crown facilitator for water services delivery plans appointed under section 25

            Crown water services specialist means a Crown water services specialist appointed under section 28

              department means the department, departmental agency, or interdepartmental venture (as named in Part 1, 2, or 4 of Schedule 2 of the Public Service Act 2020) that, with the authority of the Prime Minister, is responsible for the administration of this Act

                drinking water supply has the meaning set out in section 9 of the Water Services Act 2021

                  financial year means a period of 12 months ending on 30 June

                    financially sustainable means, in relation to a territorial authority’s delivery of water services, that—

                    1. the revenue applied to the authority’s delivery of those water services is sufficient to ensure the authority’s long-term investment in delivering water services; and
                      1. the authority is financially able to meet all regulatory standards and requirements for the authority’s delivery of those water services

                        firefighting water supplies has the meaning set out in section 6 of the Fire and Emergency New Zealand Act 2017

                          government department means a department listed in Part 1 of Schedule 2 of the Public Service Act 2020

                            green water services infrastructure

                            1. means a natural or semi-natural area, feature, or process that mimics natural areas, features, or processes that are planned or managed to provide water services; and
                              1. includes an engineered system that is an area, feature, or process that complies with paragraph (a)

                                joint arrangement means an arrangement to deliver water services between—

                                1. 2 or more territorial authorities; or
                                  1. the Wellington Regional Council and 1 or more territorial authorities

                                    joint service area means,—

                                    1. in relation to a joint arrangement, the combined districts of the territorial authorities that are a party to the joint arrangement (and, if applicable, the relevant part of the Wellington Regional Council’s region); or
                                      1. in relation to a joint WSCCO, the combined districts of the territorial authorities that control the joint WSCCO (and, if applicable, the relevant part of the Wellington Regional Council’s region)

                                        joint water services council-controlled organisation or joint WSCCO means a water services council-controlled organisation—

                                        1. controlled by 2 or more territorial authorities; or
                                          1. controlled by the Wellington Regional Council and 1 or more territorial authorities; or
                                            1. in which 2 or more territorial authorities are shareholders; or
                                              1. in which the Wellington Regional Council and 1 or more territorial authorities are shareholders

                                                joint water services delivery plan or joint plan means a water services delivery plan relating to—

                                                1. 2 or more territorial authorities; or
                                                  1. the Wellington Regional Council and 1 or more territorial authorities

                                                    LGA2002 means the Local Government Act 2002

                                                      long-term plan has the meaning set out in section 5(1) of the LGA2002

                                                        Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

                                                          ministerial appointee means—

                                                          1. a Crown facilitator for water services delivery plans appointed under section 25; or
                                                            1. a Crown water services specialist appointed under section 28

                                                              overland flow path means any flow path taken by stormwater on the surface of land

                                                                price

                                                                1. means any 1 or more of individual prices, aggregate prices, or revenues (whether in the form of specific numbers or in the form of formulas by which specific numbers are derived); and
                                                                  1. includes any related terms of payment

                                                                    Secretary means the Secretary for Local Government

                                                                      stormwater network

                                                                      1. means the infrastructure and processes that—
                                                                        1. are used to collect, treat, drain, reuse, or discharge stormwater in an urban area; and
                                                                          1. are owned by, or operated by, for, or on behalf of a territorial authority, a council-controlled organisation, or a subsidiary of a council-controlled organisation; and
                                                                          2. includes—
                                                                            1. an overland flow path:
                                                                              1. green water services infrastructure that delivers stormwater services:
                                                                                1. watercourses that are part of, or related to, the infrastructure described in paragraph (a)

                                                                                Taumata Arowai means Taumata Arowai–the Water Services Regulator established by section 8 of the Taumata Arowai–the Water Services Regulator Act 2020

                                                                                  territorial authority has the meaning set out in section 5(1) of the LGA2002

                                                                                    urban area

                                                                                    1. means an area identified in a district plan or proposed district plan as being primarily zoned for residential, industrial, or commercial activities, together with adjoining special-purpose and open-space zones, however described; but
                                                                                      1. does not include an area zoned primarily for rural or rural-residential activities, however described

                                                                                        urban development has the meaning set out in section 10 of the Urban Development Act 2020

                                                                                          wastewater network means the infrastructure and processes that—

                                                                                          1. are used to collect, store, transmit through reticulation, treat, or discharge wastewater; and
                                                                                            1. are owned by, or operated by, for, or on behalf of a territorial authority, a council-controlled organisation, or a subsidiary of a council-controlled organisation

                                                                                              water services means services in relation to a territorial authority’s—

                                                                                              1. water supply network:
                                                                                                1. stormwater network:
                                                                                                  1. wastewater network

                                                                                                    water services council-controlled organisation or WSCCO

                                                                                                    1. means a council-controlled organisation that—
                                                                                                      1. delivers water services; or
                                                                                                        1. provides goods or services that are incidental and related to, or consequential on, delivering water services; and
                                                                                                        2. includes a joint water services council-controlled organisation; but
                                                                                                          1. does not include a council-controlled organisation that provides goods or services other than those listed in paragraph (a)

                                                                                                            water services delivery plan

                                                                                                            1. means a water services delivery plan prepared under subpart 1 of Part 2; and
                                                                                                              1. includes a joint water services delivery plan

                                                                                                                water supply network means the infrastructure and processes that—

                                                                                                                1. are used to provide—
                                                                                                                  1. a drinking water supply; or
                                                                                                                    1. firefighting water supplies, if the supply is part of a drinking water supply; and
                                                                                                                    2. are owned by, or operated by, for, or on behalf of a territorial authority, a council-controlled organisation, or a subsidiary of a council-controlled organisation

                                                                                                                      Watercare means Watercare Services Limited and includes any subsidiary of Watercare Services Limited

                                                                                                                        watercourse means a watercourse that is part of, or related to, the drainage or discharge of stormwater in an urban area.