Local Government (Water Services Preliminary Arrangements) Act 2024

Watercare Services Limited - Enforcement

93: Order to disclose information

You could also call this:

"The court can tell Watercare to share information or follow rules, and punish them if they don't."

The High Court can make orders if you think Watercare has not done what it was told to do. You can ask the court to make these orders if Watercare has not given information it was asked for under section 85, or if it has not given a business plan as required under section 80. The court can then make orders, such as telling Watercare to do what it was supposed to do.

The court can also order Watercare to pay a penalty to the government. It can make any other order it thinks is suitable, like making Watercare pay the government's court costs. This happens if the court is satisfied that Watercare has not met its obligations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964567.


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


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94: Maximum amount of pecuniary penalty, or

"Maximum fine for breaking the rules is $5,000,000"

Part 4Watercare Services Limited
Enforcement

93Order to disclose information

  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 has failed—

  2. to comply with a notice under section 85 requiring Watercare to disclose information; or
    1. to comply with the requirement to submit a business plan in accordance with section 80.
      1. The orders are as follows:

      2. an order directing Watercare to comply with the relevant obligation:
        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.