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Local Government (Water Services Preliminary Arrangements) Act 2024
Water services delivery plans and foundational information disclosure requirements
Foundational information disclosure requirements
Miscellaneous provisions
57: No pecuniary penalty and fine for same conduct

Part 1:
Preliminary provisions

3Purpose 4Overview 5Interpretation 6Transitional, savings, and related provisions 7Act binds the Crown

Part 2:
Water services delivery plans and foundational information disclosure requirements

Water services delivery plans

Ministerial powers in relation to water services delivery plans

Crown facilitator for water services delivery plans

25Minister may appoint Crown facilitator 26How Crown facilitator appointed 27Role of Crown facilitator

Crown water services specialist

28Minister may appoint Crown water services specialist 29How Crown water services specialist is appointed 30Role of Crown water services specialist 31Decisions and directions of Crown water services specialist

General provisions

32Notice of proposed appointment of ministerial appointee 33Obligation to co-operate 34Minister retains powers under Part 10 of LGA2002 35Remuneration and expenses of ministerial appointee 36Recovery of remuneration and expenses from local authority 37Protection from liability

Foundational information disclosure requirements

38Purposes of this subpart 39Application of this subpart 40Commission may consult at any time 41Meaning of specified entity

Determinations

42Commission may make determination 43Effect of determination 44Contents of determination 45Determination may require specified entity to provide additional information 46Commission may exempt disclosure of commercially sensitive information 47Charge for providing copies to public 48Additional monitoring and investigation powers based on subpart 8 of Part 4 of Commerce Act 1986

Levy

49Levy

Sharing of information

50Sharing of information and documents between Commission and department

Pecuniary penalty orders

51When High Court may make pecuniary penalty order 52Maximum amount of pecuniary penalty

Orders about information disclosure

53Order requiring information disclosure requirement to be complied with

Offence

54Offence relating to requirement to disclose information

Miscellaneous provisions

55Application of Part 7 of Commerce Act 1986 (Miscellaneous provisions)56Proceedings for pecuniary penalties 57No pecuniary penalty and fine for same conduct

Part 3:
Alternative requirements and additional powers

Preliminary provisions

58Purposes of this Part 59Reference to territorial authority includes Wellington Regional Council

Alternative requirements

60Alternatives to requirements in Local Government Act 2002 61Alternative requirement: decision making 62Alternative requirement: consultation 63Alternative requirement: consultation on amendment to long-term plan 64Alternative requirement: information requirements for consultation

Additional powers and exemption

65Ability to consider joint service area 66Joint committees 67Ability to conditionally approve amending long-term plan 68Exemption from cost-effectiveness review 69Repeal of section 68

Part 4:
Watercare Services Limited

70Purposes of this Part 71Application of this Part

Crown monitor

72Minister may appoint Crown monitor 73Definitions of Crown entity and Crown monitor 74How Crown monitor appointed 75Role of Crown monitor

Watercare charter

76Secretary to prepare Watercare charter 77Watercare charter made by Order in Council 78Contents of Watercare charter

Part 1 of Watercare charter

79Content of Part 1 of Watercare charter 80Watercare must submit business plan to Secretary 81Period covered by business plan submitted to Secretary 82Process for finalising business plan

Part 2 of Watercare charter

83Content of Part 2 of Watercare charter

Effect of Watercare charter

84Effect of charter

Information disclosure

85Crown monitor may require information disclosure

Crown monitor to monitor and report on performance

86Crown monitor must monitor Watercare’s performance 87Crown monitor must make annual report 88Crown monitor must make quarterly reports to Minister

Crown monitor’s and Secretary’s expenses

89Crown monitor’s and Secretary’s expenses recoverable from Watercare

Commerce Commission’s functions, duties, and powers

90Commerce Commission’s functions, duties, and powers

Enforcement

91High Court may impose orders 92Maximum amount of pecuniary penalty 93Order to disclose information 94Maximum amount of pecuniary penalty 95Further penalty for continuing breach 96Appeal

Related amendments to LGA2002

97Principal Act 98Section 121 amended (The Crown not liable for debts)99Section 122 amended (Disclosure document and loan documents to contain statement that the Crown does not guarantee financial products or loan)100Section 124 amended (Interpretation)101Section 127 amended (Duty to ensure communities have access to drinking water if existing suppliers facing significant problems)102Section 130 amended (Obligation to maintain water services)103New section 130A inserted (Obligation to maintain water services: Watercare)104Section 253 amended (Outline of Part)105Section 254 amended (How this Part works)106Section 255 amended (Application of this Part)

Related amendments to Local Government (Auckland Council) Act 2009

107Principal Act 108Section 4 amended (Interpretation)109New section 56A and cross-headings inserted 110New sections 57A and 57B inserted 111Section 58 amended (Auckland water organisation must give effect to LTP and act consistently with other specified plans and strategies of Council)112New section 60A inserted (Charges as security)113Section 92 amended (Substantive council-controlled organisations must give effect to LTP and act consistently with other specified plans and strategies of Council)

Part 5:
Amendments to Water Services Act 2021 and consequential amendments

Amendments to Water Services Act 2021

114Principal Act 115Section 138 amended (Wastewater environmental performance standards)116New section 138A inserted (Repeal of provisions relating to National Policy Statement for Freshwater Management)

Consequential amendments

117Consequential amendments

Schedule 1:
Transitional, savings, and related provisions

Schedule 2:
Consequential amendments

Local Government (Water Services Preliminary Arrangements) Act 2024

Water services delivery plans and foundational information disclosure requirements - Foundational information disclosure requirements - Miscellaneous provisions

57: No pecuniary penalty and fine for same conduct

You could also call this:

"You can't get two punishments for the same mistake"

If you do something wrong under this Act, you cannot be ordered to pay a pecuniary penalty and also have to pay a fine for the same thing. This means you will only get one type of punishment for what you did. You can find similar information in the 2013 No 69 s 507 to learn more about this rule.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS973460.

56: Proceedings for pecuniary penalties, or

"Paying a fine if you break the rules: going to court for a pecuniary penalty"

58: Purposes of this Part, or

"What this part of the law is trying to achieve for water services in your community"

Part 2Water services delivery plans and foundational information disclosure requirements
Foundational information disclosure requirements: Miscellaneous provisions

57No pecuniary penalty and fine for same conduct

A person cannot be ordered to pay a pecuniary penalty and be liable for a fine under this Act for the same conduct.

Compare

2013 No 69 s 507