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Local Government (Water Services Preliminary Arrangements) Act 2024

Water services delivery plans and foundational information disclosure requirements - Water services delivery plans - Implementation, amendment, and monitoring of water services delivery plans

23: Territorial authority may amend water services delivery plan

You could also call this:

"Councils can update their water services plan if something changes or in the first 2 years."

You can change your water services delivery plan if certain things happen. You must have already sent your plan to the Secretary and they must have accepted it under section 20(1). You can only make big changes if something unexpected happens and you need to.

You can make changes to how you deliver water services, as set out in your plan, but you must do it within 24 months of this law starting. You must also make sure your new plan follows this law and that the information in it is true.

When you send your changed plan to the Secretary, it must include a statement saying it follows the law and the information is true. The person who makes this statement is specified in section 18(3). The Secretary will then look at your changed plan and decide whether to accept the changes, using sections 20 and 21 as a guide.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS972170.

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22: Territorial authority must give effect to water services delivery plan, or

"Councils must follow their own water service plans"

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24: Secretary may require territorial authority to provide information for monitoring purposes, or

"The Secretary can ask a council for information to check they're following their water plan."

Part 2Water services delivery plans and foundational information disclosure requirements
Water services delivery plans: Implementation, amendment, and monitoring of water services delivery plans

23Territorial authority may amend water services delivery plan

  1. In the circumstances described in subsection (2), a territorial authority may amend its water services delivery plan and resubmit the amended plan to the Secretary.

  2. The circumstances are that—

  3. the territorial authority has submitted its water services delivery plan to the Secretary, and the Secretary has accepted the plan under section 20(1); and
    1. the proposed amendments to the plan are significant and necessary due to exceptional circumstances; and
      1. the proposed amendments are to the model or arrangements for delivering water services, as set out in the water services delivery plan (see section 13(1)(k)); and
        1. the territorial authority submits the amended plan no later than the date that is 24 months after the date on which this section comes into force.

          1. An amended plan that is submitted to the Secretary for acceptance must include a certification that—

          2. the amended plan complies with this Act; and
            1. the information contained in the amended plan is true and accurate.

              1. The certification must be made by the person specified in section 18(3).

              2. The Secretary must consider an amended plan and decide whether to accept the proposed amendments.

              3. For the purposes of subsection (5), sections 20 and 21 apply with all necessary modifications.