Local Government (Water Services Preliminary Arrangements) Act 2024

Watercare Services Limited - Information disclosure

85: Crown monitor may require information disclosure

You could also call this:

"The Government can ask Watercare for information to check they're doing their job properly."

The Crown monitor can ask Watercare to give them information in writing. You need to know that the Crown monitor wants this information to do their job properly under the Local Government (Water Services Preliminary Arrangements) Act 2024. The Crown monitor can ask for many types of information.

The Crown monitor can ask Watercare for things like financial statements, asset values, and contracts. They can also ask for information about prices, transactions with related parties, and performance measures. You should be aware that the Crown monitor can ask for plans and forecasts about demand, investments, and quality of service.

The Crown monitor can also ask Watercare if they are following a price-quality path. They can ask for a written statement or a report signed by an auditor or an independent expert. The Crown monitor can ask for enough information to be sure Watercare is following the price-quality path.

When Watercare gives the Crown monitor information, they might have to confirm it is true and accurate. They do this by giving a certificate that is signed by at least one of their directors. The certificate must be in the form the Crown monitor wants.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964554.


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84: Effect of charter, or

"What the Watercare charter means and how it affects Watercare's rules and decisions."


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86: Crown monitor must monitor Watercare’s performance, or

"The government checks if Watercare is doing its job properly."

Part 4Watercare Services Limited
Information disclosure

85Crown monitor may require information disclosure

  1. The Crown monitor may, by notice in writing, require Watercare to provide any information the Crown monitor considers may enable the Crown monitor to perform or exercise its functions, duties, or powers under this Act.

  2. Information that the Crown monitor may require Watercare to disclose may include (without limitation) 1 or more of the following:

  3. financial statements (including projected financial statements):
    1. asset values and valuation reports:
      1. prices, terms and conditions relating to prices, and pricing methodologies:
        1. contracts:
          1. transactions with related parties:
            1. financial and non-financial performance measures:
              1. plans and forecasts, including (without limitation) plans and forecasts about demand, investments, prices, revenues, quality and service levels, capacity and spare capacity, and efficiency improvements:
                1. asset management plans:
                  1. quality performance measures and statistics:
                    1. assumptions, policies, and methodologies used or applied in relation to relevant information, including in relation to the information listed in paragraphs (a) to (i).
                      1. For the purpose of monitoring whether Watercare is complying with a price-quality path in Part 2 of the Watercare charter, the Crown monitor may, by notice in writing to Watercare, require it to provide 1 or more of the following:

                      2. a written statement advising whether Watercare is complying with the price-quality path:
                        1. a written report analysing the written statement under paragraph (a), signed by—
                          1. an auditor; or
                            1. a suitably qualified and experienced independent expert:
                            2. sufficient information for the Crown monitor to be satisfied that Watercare is complying with the price-quality path.
                              1. As part of requiring Watercare to disclose information under this section, the Crown monitor may require Watercare to provide a certificate confirming that the information it provides is true and accurate.

                              2. A certificate must be—

                              3. in the form specified by the Crown monitor; and
                                1. signed by at least 1 director of Watercare.