Plain language law

New Zealand law explained for everyone

Local Government (Water Services Preliminary Arrangements) Act 2024

Watercare Services Limited - Enforcement

91: High Court may impose orders

You could also call this:

"The High Court can make Watercare follow the rules or pay a penalty if it does something wrong."

The High Court can make orders if you think Watercare has broken its rules. You can ask the Court to make Watercare follow its charter. The Court can also stop Watercare from breaking its rules.

If Watercare breaks its rules, the Court can make it pay a penalty to the government. The Court can make other orders it thinks are suitable, like making Watercare pay for the costs of the case. Breaking the rules includes not following price or service standards, or not having a good customer compensation scheme.

You have to start any court case about this within three years of Watercare breaking its rules. These cases are treated as civil cases, which means they follow standard court rules. The Court uses the usual rules of evidence and procedure for these cases.

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 It might be out of date or be missing some parts.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=LMS964565.

Previous

90: Commerce Commission’s functions, duties, and powers, or

"The Commerce Commission's role is to help make sure water services are fair and work well."

Next

92: Maximum amount of pecuniary penalty, or

"Maximum fine for breaking water services rules is $5,000,000"

Part 4Watercare Services Limited
Enforcement

91High Court may impose orders

  1. The High Court may, on application by the Crown monitor, make 1 or more of the orders listed in subsection (2) if the court is satisfied that Watercare—

  2. has contravened the Watercare charter; or
    1. has attempted to contravene the Watercare charter.

      1. The orders are as follows:

      2. an order requiring Watercare to comply with the charter:
        1. an injunction restraining Watercare from contravening the charter:
          1. an order requiring Watercare to pay to the Crown a pecuniary penalty:
            1. any other order that the court considers appropriate in the circumstances, including an order directing Watercare to pay to the Crown the costs of the proceedings.

              1. In this section, contravening the charter includes—

              2. failing to comply with the requirements in a price-quality path, whether by charging a price for services that is higher than the maximum price permitted, or by receiving more revenue than is permitted, or in any other way:
                1. failing to comply with the requirements in any minimum service quality standards or performance targets, or in any financial performance objectives:
                  1. failing to comply with the requirements relating to a customer compensation scheme.

                    1. Proceedings under this section are not able to be commenced later than 3 years after the contravention occurred.

                    2. Any proceedings under this section are civil proceedings.

                    3. The usual rules of court, and rules of evidence and procedure, for civil proceedings apply (including the standard of proof).