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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

45: Determination may require specified entity to provide additional information

You could also call this:

"The Commission can ask for more information to check you're doing your job with water services."

The Commission wants to check if you are doing what you are supposed to do when it comes to providing water services. They also want to see if you can raise money to deliver these services by looking at your overall financial situation. You might be asked to give more information to help the Commission monitor these things, but only if it is necessary. If you provide goods or services that are not related to water services, you might be asked to share more financial information about all your activities.

You might need to share financial statements and other information about all the things you do, including the goods or services that are not related to water services. You might also need to share financial statements and information about the other goods or services you provide, and explain how this information relates to the water services you provide. The Commission might ask you to tell them about how you finance all your activities, including the ones that are not related to water services, as per section 42 and section 44. This will help the Commission understand your overall financial situation and how it affects your ability to deliver water services.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964498.

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44: Contents of determination, or

"What a determination must include about water services and information sharing"

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46: Commission may exempt disclosure of commercially sensitive information, or

"The Commission can keep some information secret if it's commercially sensitive, like business secrets."

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

45Determination may require specified entity to provide additional information

  1. The purpose of this section is to enable the Commission to monitor—

  2. compliance with requirements to disclose information under this subpart in relation to delivering water services; and
    1. the ongoing capability of a specified entity to raise finance with respect to its delivery of water services by assessing the specified entity’s overall financial position.

      1. A determination made under section 42 may require a specified entity to disclose information referred to in subsection (3) only to the extent required to enable the Commission to monitor 1 or both of the matters referred to in subsection (1).

      2. If a specified entity provides goods or services that are not incidental to or related to delivering water services (other goods or services), a determination may require the entity to disclose—

      3. consolidated financial statements, and any other information referred to in section 44, for all activities (including those related to the supply of other goods or services) undertaken by that entity; and
        1. consolidated financial statements, and any other information referred to in section 44, for the supply of all other goods or services in aggregate; and
          1. reconciliation of information provided under paragraphs (a) and (b) with information disclosed in accordance with information disclosure requirements applying to delivering water services; and
            1. information about the financing of all activities (including those related to the supply of other goods or services) undertaken by that entity.

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