Plain language law

New Zealand law explained for everyone

Local Government (Water Services Preliminary Arrangements) Act 2024

Alternative requirements and additional powers - Alternative requirements

61: Alternative requirement: decision making

You could also call this:

"A council must think carefully about two options when deciding how to manage water services in their area."

When a territorial authority is making decisions, this section applies. You are part of this process if the authority is deciding whether to establish, join, or amend a water services council-controlled organisation or a joint local government arrangement under section 137 of the LGA2002. The authority must consider its water services delivery plan, which is explained in section 13(1)(k).

In this decision-making process, the territorial authority must look at two options for delivering water services. You will see the authority considering remaining with the existing approach and establishing, joining, or amending a new approach. The authority can also look at additional options and must weigh the advantages and disadvantages of all options.

The authority's decision-making process is connected to other parts of the law, such as section 60(1) and section 77(1)(a) and (b) of the LGA2002.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964524.

Previous

60: Alternatives to requirements in Local Government Act 2002, or

"Some rules in the Local Government Act 2002 can be replaced with alternative rules for territorial authorities"

Next

62: Alternative requirement: consultation, or

"Councils must talk to people before making big decisions about water services, but they don't always have to do it twice."

Part 3Alternative requirements and additional powers
Alternative requirements

61Alternative requirement: decision making

  1. This section applies if a territorial authority—

  2. is deciding whether or not to establish, join, or amend—
    1. a water services council-controlled organisation; or
      1. a joint local government arrangement under section 137 of the LGA2002; or
      2. before adopting its water services delivery plan, is making decisions in relation to an anticipated or proposed model or arrangement for delivering water services in its water services delivery plan (see section 13(1)(k)).

        1. In the course of that decision-making process, the territorial authority—

        2. must identify both of the following 2 options for delivering water services:
          1. remaining with the existing approach for delivering water services; and
            1. establishing, joining, or amending (as the case may be) the WSCCO or the joint local government arrangement; but
            2. may identify additional options for delivering water services; and
              1. must assess the advantages and disadvantages of all options identified.

                1. For the purpose of section 60(1), the corresponding requirement for this section is in section 77(1)(a) and (b) of the LGA2002.