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Local Government (Water Services Preliminary Arrangements) Act 2024

Water services delivery plans and foundational information disclosure requirements - Ministerial powers in relation to water services delivery plans - General provisions

34: Minister retains powers under Part 10 of LGA2002

You could also call this:

"The Minister keeps their existing powers to help local authorities with water services."

The Minister has some powers under this law, and these powers are in addition to the powers they already have under Part 10 of the LGA2002. You can think of the LGA2002 as a law that helps the Minister work with local authorities. When the Minister uses their powers under Part 10, they must consider some specific things, like whether a territorial authority has done what they are supposed to do with their water services delivery plan.

The Minister looks at whether the territorial authority has submitted their plan on time, amended it if needed, and had it accepted by the Secretary. They also check if the authority is following the plan and doing what they said they would do to deliver water services. If the authority is not doing these things, the Minister can use their powers to help fix the problem.

The Minister's powers can be used if a territorial authority fails to comply with certain rules, such as section 33 of this Act, or if they do not follow their accepted water services delivery plan, which is a plan that the Secretary has accepted under section 20.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964483.

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Part 2Water services delivery plans and foundational information disclosure requirements
Ministerial powers in relation to water services delivery plans: General provisions

34Minister retains powers under Part 10 of LGA2002

  1. The Minister’s powers under this subpart are in addition to, not in place of, the Minister’s powers under Part 10 (Powers of Minister to act in relation to local authorities) of the LGA2002.

  2. For the purpose of applying Part 10 of the LGA2002 in relation to a matter that arises under this Act, the definition of problem in section 256 of the LGA2002 must be read as including a failure by a territorial authority or group of territorial authorities to do 1 or more of the following:

  3. submit a water services delivery plan to the Secretary within the time frame specified in section 18(1):
    1. amend a water services delivery plan and resubmit it to the Secretary by the specified date under section 20(3)(a):
      1. have a water services delivery plan accepted by the Secretary within a reasonable period after submitting it for acceptance:
        1. give effect to proposals or undertakings specified in an accepted water services delivery plan relating to the future delivery of water services:
          1. comply with section 33 of this Act.

            1. In subsection (2)(d), an accepted water services delivery plan means a plan that—

            2. relates to the territorial authority or group of territorial authorities; and
              1. has been accepted by the Secretary under section 20.