Local Government (Water Services Preliminary Arrangements) Act 2024

Water services delivery plans and foundational information disclosure requirements - Foundational information disclosure requirements

39: Application of this subpart

You could also call this:

"Who this part of the water law applies to"

This part of the law applies to certain groups that deliver water services. You might be a territorial authority, the Wellington Regional Council, a council-controlled organisation, or a subsidiary of one of these organisations. The Governor-General decides which groups are included, based on a recommendation from the Minister and the Minister of Commerce and Consumer Affairs.

When the Minister and the Minister of Commerce and Consumer Affairs make their recommendation, they must think about advice from the Secretary and the Commission. They need to believe that the group they are recommending can provide information that will help people assess whether the purpose of this part of the law is being met.

If the Governor-General makes an Order in Council, it must include the name of the group and the water services that are affected by a determination made under section 42. The Order in Council is a type of secondary legislation, which means it has to be published in a certain way - you can learn more about this in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964490.


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38: Purposes of this subpart, or

"This law aims to give you good water services and fair prices when there's little competition."


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40: Commission may consult at any time, or

"The Commission can talk to people about water services anytime."

Part 2Water services delivery plans and foundational information disclosure requirements
Foundational information disclosure requirements

39Application of this subpart

  1. This subpart applies to 1 or more of the following entities that have been specified by the Governor-General by Order in Council made on the recommendation of the Minister and the Minister of Commerce and Consumer Affairs:

  2. a territorial authority that delivers water services:
    1. the Wellington Regional Council:
      1. a council-controlled organisation that delivers water services:
        1. a subsidiary of a council-controlled organisation that delivers water services.
          1. Despite subsection (1)(c), an Order in Council must not specify that Watercare is a specified entity.

          2. Before making a recommendation under subsection (1), the Minister and the Minister of Commerce and Consumer Affairs must—

          3. consider advice from the Secretary and the Commission; and
            1. having considered that advice, believe that the entity to be specified in the Order in Council holds, can prepare, or can produce information that, if disclosed, would enable an interested person to assess whether the purpose of this subpart is being met.
              1. An Order in Council made under this section must include the following information:

              2. the name of the entity:
                1. the water services to which a determination made under section 42 may apply.
                  1. An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  Notes