Local Government (Water Services Preliminary Arrangements) Act 2024

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

48: Additional monitoring and investigation powers based on subpart 8 of Part 4 of Commerce Act 1986

You could also call this:

"The Commission gets extra powers to check water services are safe and working well."

The Commission is a group that helps make sure water services are working well. You can think of the Commission like a watchdog that makes sure people who provide water services are doing their job properly. To do this, the Commission can talk to people who might be able to help them.

The Commission can look into how well water services are being provided and if the water is safe to drink. They can also check if the people providing water services are following the rules.

The Commission can ask water service providers to give them information, like forecasts or plans, and to answer questions about their services. They can also ask for documents or expert opinions from qualified people. The Commission has these powers to help them do their job, and they are in addition to the powers they already have under the law, including powers under the Commerce Act 1986.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964500.


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"Paying for copies of information from the council"


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49: Levy, or

"A levy is a fee that water service providers must pay to the government."

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

48Additional monitoring and investigation powers based on subpart 8 of Part 4 of Commerce Act 1986

  1. For the purpose of carrying out its functions and exercising its powers under this Part, the Commission may do any of the following:

  2. consult any person the Commission considers may assist it:
    1. investigate any of the following:
      1. how effectively and efficiently a provider of water services is delivering water services:
        1. how any conditions relating to the quality of water services may be, or are being, fulfilled:
        2. examine, consider, or investigate any activity, cost, revenue, transfer, asset valuation, circumstance, or event that is occurring or that has occurred during the previous 7 years:
          1. by notice in writing, require any provider of water services—
            1. to prepare and produce forecasts, forward plans, or other information; and
              1. to apply any methodology specified by the Commission in the preparation of forecasts, forward plans, or other information:
              2. by notice in writing, require any provider of water services or any previous provider of water services to do either or both of the following:
                1. produce or supply to the Commission documents and information in relation to water services or the prices or operations of the provider in respect of water services:
                  1. answer any questions about any matter that the Commission has reason to believe may be relevant:
                  2. by notice in writing, require any provider of water services, at the time and place specified in the notice, to produce or supply to the Commission an expert opinion from an appropriately qualified person, or from a member of a class of appropriately qualified persons, as determined by the Commission in relation to the matters in paragraph (b), (c), (d), or (e)(i).
                    1. The Commission’s powers under subsection (1) are in addition to its powers under the rest of this Act and under section 98 of the Commerce Act 1986.

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