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Local Government (Water Services Preliminary Arrangements) Act 2024

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

42: Commission may make determination

You could also call this:

"The Commission can create rules for groups to share information with the public."

The Commission can make a decision that says what information a certain group must share with the public and with the Commission, as explained in section 43. You can think of this decision as a set of rules that the group must follow. The Commission must talk to people who are interested in this decision before they make it.

The Commission's decision can apply to all groups or just one group. It does not have to cover everything about water services all at once, and different parts of the decision can start at different times. The decision can also say that a group must follow rules from another decision that the Commission has made.

If the Commission wants to make a big change to their decision, they must talk to interested people first. But if the change is small, they can make it without asking anyone. After the Commission makes or changes a decision, they must tell the groups that it affects and let them know where they can find the decision.

The Commission's decision is a type of law called secondary legislation, which has its own rules for publication, as explained 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=LMS964494.

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41: Meaning of specified entity, or

"What a 'specified entity' means in this law: a group chosen by the government"

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43: Effect of determination, or

"What happens after a decision is made about water services rules"

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

42Commission may make determination

  1. The Commission may make a determination setting out the information that a specified entity must publicly disclose and must disclose to the Commission (see section 43).

  2. The Commission must consult interested parties before making a determination.

  3. A determination may relate to all specified entities or to 1 or more specified entities.

  4. It is not necessary for a single determination to address all matters relating to all water services and different parts of any determination may come into effect at different times.

  5. A determination may require a specified entity to comply with the requirements set out in any other determination that has been made under this section.

  6. The Commission may amend a determination in a material way only after the Commission has consulted interested parties, but may amend a determination in a non-material way without prior consultation.

  7. As soon as practicable after making or amending a determination, the Commission must give to each specified entity to whom the determination relates notice of the determination or the amendment (as applicable) and where it is available.

  8. A determination made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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