Water Services Authority—Taumata Arowai Act 2020
Water Services Authority—Taumata Arowai Act 2020
Water Services Authority—Taumata Arowai Act 2020
Version as at 27 August 2025

Water Services Authority—Taumata Arowai Act 2020
Public Act |
2020 No 52 |
|
Date of assent |
6 August 2020 |
|
Commencement |
see section 2 |
Act name: amended, on 27 August 2025, by section 102 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by the Department of Internal Affairs.
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Water Services Authority—Taumata Arowai Act 2020.
Section 1: amended, on 27 August 2025, by section 102 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
2 Commencement
(1)
This Act comes into force on the earlier of—
(a)
a date appointed by the Governor-General by Order in Council; and
(b)
the 15-month anniversary of the date of Royal assent.
(2)
One or more Orders in Council may be made appointing different dates for different provisions.
(3)
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Section 2(1)(a): this Act (except sections 10(b) and 11(e)) brought into force, on 1 March 2021, by clause 2 of the Taumata Arowai–the Water Services Regulator Act Commencement Order 2021 (LI 2021/23).
Section 2(1)(a): section 10(b) brought into force, on 15 November 2021, by clause 2 of the Taumata Arowai–the Water Services Regulator Act Commencement Order (No 2) 2021 (SL 2021/355).
Section 2(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Part 1 Preliminary provisions
3 Purpose
The purpose of this Act is to establish the Water Services Authority—Taumata Arowai and provide for its objectives, functions, and governance arrangements.
Section 3: amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
4 Interpretation
In this Act, unless the context otherwise requires,—
board means the board of the Water Services Authority—Taumata Arowai
council-controlled organisation has the meaning given to it by section 6 of the Local Government Act 2002
domestic self-supplier has the meaning given by section 10 of the Water Services Act 2021
drinking water has the meaning given by section 6 of the Water Services Act 2021
drinking water network has the meaning given to drinking water supply by section 9 of the Water Services Act 2021
drinking water supplier has the meaning given by section 8 of the Water Services Act 2021
green water services infrastructure—
(a)
means a natural or semi-natural area, feature, or process that mimics natural areas, features, or processes that are planned or managed to provide water services; and
(b)
includes an engineered system that is an area, feature, or process that complies with paragraph (a)
Māori Advisory Group means the Māori Advisory Group established by section 14
National Engineering Design Standards means the NEDS under subpart 1AA of Part 3 of the Water Services Act 2021
National Policy Statement for Freshwater Management means the National Policy Statement for Freshwater Management issued in 2020 under section 52 of the Resource Management Act 1991 and any statement issued under that section that amends or replaces the 2020 statement
network infrastructure means any infrastructure and process that is a part of a drinking water network, a stormwater network, or a wastewater network
overland flow path means any flow path taken by stormwater on the surface of land
premises and residential premises have the meanings given in section 2 of the Residential Tenancies Act 1986
responsible Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of this Act
shared domestic supplier has the meaning given by section 10(1) of the Water Services Act 2021
stormwater network—
(a)
means the infrastructure and processes that—
(i)
are used to collect, treat, drain, store, reuse, or discharge stormwater in an urban area; and
(ii)
are operated by, for, or on behalf of one of the following:
(A)
a local authority, water organisation, or subsidiary of a water organisation:
(B)
a department:
(C)
the New Zealand Defence Force; and
(b)
includes—
(i)
an overland flow path:
(ii)
green water services infrastructure that delivers stormwater services:
(iii)
watercourses that are part of, or related to, the infrastructure described in paragraph (a)(i)
stormwater network operator means—
(a)
each of the following entities (to the extent that a stormwater network is operated, or its operation or aspects of its operation are supervised, by, for, or on behalf of the entity):
(i)
a local authority, water organisation, or subsidiary of a water organisation:
(ii)
a department listed in Part 1 of Schedule 2 of the Public Service Act 2020:
(iii)
the New Zealand Defence Force; and
(b)
any person who operates a stormwater network, or any aspect of a stormwater network, for, or on behalf of, an organisation specified in paragraph (a)
urban area—
(a)
means an area identified in a district plan or proposed district plan as being primarily zoned for residential, industrial, or commercial activities, together with adjoining special-purpose and open-space zones, however described; but
(b)
does not include an area zoned primarily for rural or rural-residential activities, however described
wastewater network means the infrastructure and processes that—
(a)
are used to collect, store, transmit through reticulation, treat, or discharge wastewater; and
(b)
are operated by, for, or on behalf of one of the following:
(i)
a local authority, water organisation, or subsidiary of a water organisation:
(ii)
a department:
(iii)
the New Zealand Defence Force
wastewater network operator means—
(a)
each of the following entities (to the extent that a wastewater network is operated, or its operation or aspects of its operation are supervised, by, for, or on behalf of the entity):
(i)
a local authority, water organisation, or subsidiary of a water organisation:
(ii)
a department listed in Part 1 of Schedule 2 of the Public Service Act 2020:
(iii)
the New Zealand Defence Force; and
(b)
any person who operates a wastewater network, or any aspect of a wastewater network, for, or on behalf of, an organisation specified in paragraph (a); and
(c)
an organisation or individual involved in the operation of a wastewater network if the organisation or individual is authorised or included on a register in accordance with regulations made under section 200 of the Water Services Act 2021
water—
(a)
has the same meaning as in section 2(1) of the Resource Management Act 1991; but
(b)
includes water in any form while in any pipe, tank, or cistern
water organisation has the meaning given by section 4 of the Local Government (Water Services) Act 2025
water service provider has the meaning given by section 4 of the Local Government (Water Services) Act 2025
water services means services relating to water supply, wastewater, and stormwater
Water Services Authority means the Water Services Authority—Taumata Arowai established by section 8
watercourse means a watercourse that is part of, or related to, the drainage or discharge of stormwater in an urban area.
Section 4 board: amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 4 domestic dwelling: repealed, on 27 August 2025, by section 103(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 4 domestic self-supplier: replaced, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).
Section 4 drinking water: replaced, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).
Section 4 drinking water network: inserted, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).
Section 4 drinking water supplier: replaced, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).
Section 4 green water services infrastructure: inserted, on 17 February 2024, by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
Section 4 National Engineering Design Standards: inserted, on 27 August 2025, by section 103(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 4 National Policy Statement for Freshwater Management: inserted, on 27 August 2025, by section 103(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 4 network infrastructure: inserted, on 27 August 2025, by section 103(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 4 overland flow path: inserted, on 17 February 2024, by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
Section 4 shared domestic supplier: inserted, on 27 August 2025, by section 103(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 4 stormwater network: replaced, on 17 February 2024, by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
Section 4 stormwater network paragraph (a)(ii)(A): amended, on 27 August 2025, by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 4 stormwater network operator: replaced, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).
Section 4 stormwater network operator paragraph (a): amended, on 17 February 2024, by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
Section 4 stormwater network operator paragraph (a)(i): amended, on 27 August 2025, by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 4 Taumata Arowai: repealed, on 27 August 2025, by section 103(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 4 Te Mana o te Wai: repealed, on 27 August 2025, by section 103(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 4 wastewater network: replaced, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).
Section 4 wastewater network paragraph (b)(i): amended, on 27 August 2025, by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 4 wastewater network operator: replaced, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).
Section 4 wastewater network operator paragraph (a): amended, on 17 February 2024, by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
Section 4 wastewater network operator paragraph (a)(i): amended, on 27 August 2025, by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 4 water: inserted, on 23 August 2023, by section 46(2) of the Water Services Entities Amendment Act 2023 (2023 No 44).
Section 4 water organisation: inserted, on 27 August 2025, by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 4 water service provider: inserted, on 27 August 2025, by section 103(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 4 water services: inserted, on 17 February 2024, by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
Section 4 Water Services Authority: inserted, on 27 August 2025, by section 103(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 4 watercourse: inserted, on 17 February 2024, by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
5 Māori interests
In order to recognise and respect the Crown’s responsibility to consider and provide for Māori interests,—
(a)
[Repealed](b)
[Repealed](c)
section 14 establishes the Māori Advisory Group:
(d)
section 17(1) and (2) provides that the role of the Māori Advisory Group is to advise the board and the Water Services Authority on Māori interests and knowledge, from a Māori perspective and in accordance with the group’s terms of reference:
(e)
section 17(3) requires the board to take the advice of the Māori Advisory Group into account:
(f)
section 18 provides that the operating principles of the Water Services Authority include—
(i)
building and maintaining credibility and integrity, so that the Water Services Authority is trusted by Māori (among others); and
(ii)
partnering and engaging early and meaningfully with Māori, including to inform how the Water Services Authority can—
(A)
take into account any relevant national direction issued under Part 5 of the Resource Management Act 1991 and any regional plans (as defined in section 43AA of that Act) that relate to freshwater; and
(B)
understand, support, and enable the exercise of mātauranga Māori, tikanga Māori, and kaitiakitanga:
(g)
section 19 requires the board to maintain systems and processes to ensure that, for the purposes of carrying out its functions under this Act, the Water Services Authority has the capability and capacity—
(i)
to uphold the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles; and
(ii)
to engage with Māori and to understand perspectives of Māori.
Section 5(a): repealed, on 27 August 2025, by section 104(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 5(b): repealed, on 27 August 2025, by section 104(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 5(d): replaced, on 27 August 2025, by section 104(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 5(e): replaced, on 27 August 2025, by section 104(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 5(f): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 5(f)(i): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 5(f)(ii): replaced, on 27 August 2025, by section 104(3) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 5(g): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
6 Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
7 Act binds the Crown
This Act binds the Crown.
Part 2 Establishment of the Water Services Authority—Taumata Arowai, board, and Māori Advisory Group
Part 2 heading: amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Subpart 1—Establishment, objectives, and functions of Water Services Authority
Subpart 1 heading: amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
8 Water Services Authority—Taumata Arowai established
This section establishes the Water Services Authority—Taumata Arowai.
Section 8: replaced, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
9 Water Services Authority is Crown entity
(1)
The Water Services Authority is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
(2)
The Crown Entities Act 2004 applies to the Water Services Authority except to the extent that this Act expressly provides otherwise.
Section 9 heading: amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 9(1): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 9(2): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
10 Objectives of Water Services Authority
The Water Services Authority’s objectives are to—
(a)
protect and promote drinking water safety and related public health outcomes; and
(b)
effectively administer the drinking water regulatory system; and
(c)
build and maintain capability among drinking water suppliers and across the wider industry; and
(d)
[Repealed](e)
provide oversight of, and advice on, the regulation, management, and environmental performance of drinking water, wastewater, and stormwater networks; and
(f)
promote public understanding of the environmental performance of drinking water, wastewater, and stormwater networks; and
(g)
effectively develop and administer National Engineering Design Standards for the design, construction, and operational performance of network infrastructure used in land development.
Section 10 heading: amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 10: amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 10(d): repealed, on 27 August 2025, by section 105(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 10(e): amended, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).
Section 10(f): amended, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).
Section 10(g): inserted, on 27 August 2025, by section 105(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
11 Functions of Water Services Authority
(1)
The Water Services Authority’s general functions are to—
(a)
provide national-level oversight, leadership, communication, and co-ordination in relation to—
(i)
drinking water safety and regulation, including the management of risks to sources of drinking water; and
(ii)
the environmental performance, management, and regulation of drinking water, wastewater, and stormwater networks; and
(b)
identify and monitor matters that affect the safety of drinking water, and the environmental performance of drinking water, wastewater, and stormwater networks, including current and emerging contaminants; and
(c)
develop and consult on draft standards and compliance rules that relate to drinking water composition and develop other regulatory requirements and measures necessary to fulfil its responsibilities under this or any other enactment; and
(d)
provide oversight of, and information to central and local government in relation to,—
(i)
the development, operation, and effectiveness of standards, regulations, and other statutory requirements for wastewater and stormwater; and
(ii)
compliance with, monitoring of, and enforcement of standards, regulations, and other statutory requirements affecting wastewater networks, stormwater networks, wastewater network operators, and stormwater network operators; and
(e)
develop and review the National Engineering Design Standards; and
(f)
facilitate, promote, or support research, education, and training, to support drinking water safety and regulation, the management of risks to sources of drinking water, and the environmental performance, management, and regulation of drinking water, wastewater, and stormwater networks; and
(fa)
facilitate, promote, provide, or support education and training for domestic self-suppliers and shared domestic suppliers; and
(g)
build and maintain the capability of drinking water suppliers to fulfil their regulatory responsibilities; and
(h)
provide guidance, advice, or information on matters that relate to drinking water safety and regulation, the management of risks to sources of drinking water, and the environmental performance, management, and regulation of drinking water, wastewater, and stormwater networks; and
(i)
identify, prepare, or promote national guidelines and best practices that relate to—
(i)
drinking water; and
(ii)
wastewater networks, stormwater networks, wastewater network operators, and stormwater network operators; and
(j)
perform or exercise the functions, duties, and powers conferred or imposed on it by this Act or any other enactment; and
(k)
perform any other functions or activities that are consistent with its objectives and that the Water Services Authority considers are necessary or desirable to enable the achievement of those objectives, except functions or activities performed by any central government agency or another regulator; and
(l)
perform any other functions relevant to its objectives that the responsible Minister directs in accordance with section 112 of the Crown Entities Act 2004.
(2)
The chief executive’s statutorily independent functions are to—
(a)
monitor and enforce compliance with relevant drinking water legislation and standards, and other regulatory requirements for which the Water Services Authority has responsibility; and
(b)
grant exemptions under the Water Services Act 2021; and
(c)
if a drinking water supplier is not properly performing the supplier’s functions or duties under an enactment that relates to drinking water, appoint, or require the drinking water supplier to appoint, an alternative operator of the supplier’s drinking water supply.
Section 11 heading: amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 11(1): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 11(1)(a)(ii): amended, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).
Section 11(1)(b): amended, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).
Section 11(1)(e): inserted, on 27 August 2025, by section 106(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 11(1)(f): amended, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).
Section 11(1)(fa): inserted, on 27 August 2025, by section 106(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 11(1)(h): amended, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).
Section 11(1)(i): amended, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).
Section 11(1)(k): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 11(2): inserted, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).
Section 11(2)(a): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Subpart 2—Board of Water Services Authority, and Māori Advisory Group
Subpart 2 heading: amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Board
12 Board
(1)
The board consists of not fewer than 5, and not more than 7, members.
(2)
The responsible Minister must appoint only people who, in the Minister’s opinion, have the appropriate knowledge, skills, and experience to assist the board to perform its role.
Section 12(2): replaced, on 27 August 2025, by section 107 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
13 Board’s power to delegate
The board may delegate any of its functions or powers in accordance with section 73 of the Crown Entities Act 2004, except the power to appoint or remove the chief executive.
Māori Advisory Group
14 Māori Advisory Group established
(1)
This section establishes the Māori Advisory Group.
(2)
The Māori Advisory Group consists of not fewer than 3, and not more than 5, members.
Section 14(2): amended, on 27 August 2025, by section 108(a) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 14(2): amended, on 27 August 2025, by section 108(b) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
15 Appointment of members of Māori Advisory Group
(1)
The responsible Minister must appoint members to the Māori Advisory Group.
(2)
The responsible Minister must consult the Ministers with portfolio responsibilities that relate to Māori Development and Māori Crown Relations before making any appointments.
(3)
The responsible Minister must appoint 1 of the members as chairperson of the Māori Advisory Group.
(4)
The responsible Minister must appoint only persons who, in the responsible Minister’s opinion, have the appropriate knowledge, skills, and experience to assist the Māori Advisory Group to perform its role (see section 17).
16 Further provisions relating to Māori Advisory Group
(1)
The following provisions of the Crown Entities Act 2004 apply to members of the Māori Advisory Group as if they were members of the board of a Crown agent:
(a)
section 28 (method of appointment of members):
(b)
section 30 (qualifications of members):
(c)
section 31 (requirements before appointment):
(d)
section 32 (term of office of members):
(e)
section 35 (validity of appointments):
(f)
section 36 (removal of members of Crown agents):
(g)
section 41 (process for removal):
(h)
section 43 (no compensation for loss of office):
(i)
section 44 (resignation of members):
(j)
section 45 (members ceasing to hold office).
(2)
The members are entitled to—
(a)
receive remuneration, in accordance with the fees framework; and
(b)
be reimbursed for actual and reasonable travelling expenses incurred in carrying out their roles as members.
17 Role of Māori Advisory Group
(1)
The role of the Māori Advisory Group is to advise the board and the Water Services Authority on Māori interests and knowledge, as they relate to the objectives, functions, and operating principles of the Water Services Authority and the collective duties of the board.
(2)
The Māori Advisory Group must provide advice under subsection (1)—
(a)
from a Māori perspective; and
(b)
within the terms of reference prepared and agreed under subsection (4)(b).
(3)
The board must—
(a)
take into account the advice of the Māori Advisory Group; and
(b)
[Repealed](c)
provide the Māori Advisory Group with an opportunity to include commentary in the Water Services Authority’s annual report on the Māori Advisory Group’s role and the advice it provided to the Water Services Authority over the period covered by the annual report.
(4)
The board and the Māori Advisory Group, acting jointly, must—
(a)
prepare a memorandum of understanding, setting out how they will work together; and
(b)
prepare and agree the terms of reference for the Māori Advisory Group.
(5)
The Water Services Authority must publish the memorandum of understanding and the terms of reference on its internet site.
(6)
The board and the Māori Advisory Group, acting jointly, must review both the memorandum of understanding and the terms of reference at intervals of not more than 3 years.
Section 17(1): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 17(2): replaced, on 27 August 2025, by section 109(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 17(3)(a): amended, on 27 August 2025, by section 109(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 17(3)(b): repealed, on 27 August 2025, by section 109(3) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 17(3)(c): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 17(5): replaced, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Subpart 3—Operations of Water Services Authority
Subpart 3 heading: amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
18 Operating principles
(1)
The Water Services Authority must ensure that its performance and delivery of its objectives, functions, and duties are guided and informed by the operating principles set out in subsection (2).
(2)
The operating principles are—
(a)
building and maintaining credibility and integrity, so that the Water Services Authority is trusted by consumers, drinking water suppliers, wastewater network operators, stormwater network operators, water service providers, Māori, and government:
(b)
ensuring that the Water Services Authority has suitable expertise to build and maintain confidence in its capability as a regulator:
(c)
developing sector capability by promoting collaboration, education, and training:
(d)
partnering and engaging meaningfully with other people and organisations, including working proactively with drinking water suppliers, stormwater network operators, and wastewater network operators to ensure that regulatory compliance requirements—
(i)
take into account the risk profiles of the suppliers or operators; and
(ii)
are proportionate to the abilities and capacities of the suppliers or operators:
(e)
partnering and engaging early and meaningfully with Māori, including to inform how the Water Services Authority can—
(i)
take into account—
(A)
any relevant national directions made under Part 5 of the Resource Management Act 1991; and
(B)
any regional plans prepared under the Resource Management Act 1991 that relate to freshwater:
(ii)
understand, support, and enable the exercise of mātauranga Māori, tikanga Māori, and kaitiakitanga:
(f)
ensuring that the Water Services Authority takes costs into account, including by—
(i)
taking suppliers’ compliance costs into account while protecting and promoting public health outcomes relating to drinking water safety; and
(ii)
maintaining a regulatory framework that is proportionate to the scale, complexity, and risk profile of the relevant water services and that takes into account the costs to consumers; and
(iii)
considering compliance costs for mixed-use rural water schemes in the context of their circumstances, including their scale, complexity, and risk profile.
(3)
In this section, mixed-use rural water scheme has the meaning given by section 13A of the Water Services Act 2021.
Section 18: replaced, on 27 August 2025, by section 110 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
19 Additional collective duties of board
(1)
The board must ensure that the Water Services Authority—
(a)
acts in a manner consistent with the operating principles in section 18; and
(b)
maintains systems and processes to ensure that, for the purposes of carrying out its functions under this Act, the Water Services Authority has the capability and capacity—
(i)
to uphold the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles; and
(ii)
to engage with Māori and to understand perspectives of Māori.
(2)
The duties in subsection (1)—
(a)
apply in addition to the duties of the board in sections 49 to 52 of the Crown Entities Act 2004; and
(b)
are collective duties owed to the responsible Minister for the purposes of section 58 of the Crown Entities Act 2004.
Section 19(1): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 19(1)(b): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
20 Water Services Authority may establish technical advisory group
(1)
The Water Services Authority may establish 1 or more technical advisory groups to provide independent advice to the Water Services Authority on any matters relating to its objectives or the performance or exercise of its functions, duties, and powers.
(2)
The members of a technical advisory group must be appointed by the Water Services Authority, on terms and conditions that the Water Services Authority determines, by written notice to each member.
(3)
A person must not be appointed as a member of a technical advisory group unless, before appointment, the person discloses to the Water Services Authority the nature and extent (including monetary value, if quantifiable) of all interests that the person has at that time, or is likely to have, in matters relating to the group.
(4)
A technical advisory group must comply with any terms of reference given by the Water Services Authority.
(5)
A technical advisory group may determine its own procedures.
(6)
The Water Services Authority must have regard to the advice it receives from a technical advisory group.
(7)
In this section, interests has the meaning given to it by section 62(2) and (3) of the Crown Entities Act 2004.
Section 20 heading: amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 20(1): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 20(2): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 20(3): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 20(4): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Section 20(6): amended, on 27 August 2025, by section 111(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
Part 3 Miscellaneous provisions
21 Consequential amendments
Amend the Acts specified in Schedule 2 as set out in that schedule.
Schedule 1 Transitional, savings, and related provisions
Part 1 Provisions relating to this Act as enacted
Transfer of contracts
1 Transfer of contracts to Taumata Arowai
(1)
This clause applies to a contract (other than an employment agreement) that—
(a)
was made between the Department of Internal Affairs (the DIA) and another person before the commencement of this clause; and
(b)
is identified by the DIA as relating principally or solely to the operation of Taumata Arowai, or to a matter for which Taumata Arowai assumes responsibility, on the commencement of this clause.
(2)
On and after the commencement of this clause,—
(a)
the contract must be treated as if Taumata Arowai were the party to the contract instead of the DIA; and
(b)
unless the context otherwise requires, every reference in the contract to the DIA must be read as a reference to Taumata Arowai.
2 Consequences of transfer of contracts to Taumata Arowai
(1)
This clause applies only in relation to a contract transferred to Taumata Arowai under clause 1.
(2)
On and from the commencement of clause 1,—
(a)
all rights, liabilities, and entitlements of the DIA under the contract become the rights, liabilities, and entitlements of Taumata Arowai; and
(b)
anything done, or omitted to be done, or that is to be done, by, or in relation to, the DIA is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, Taumata Arowai; and
(c)
the commencement, continuation, or enforcement of proceedings by or against the DIA may instead be carried out by or against Taumata Arowai without amendment to the proceedings.
Transfer of employment
3 Transfer of employment from DIA to Taumata Arowai
(1)
This clause applies to a person—
(a)
who is employed by the Department of Internal Affairs (the DIA) immediately before the commencement of this clause; and
(b)
whose position is identified by the DIA as relating principally or solely to the operation of Taumata Arowai, or to a matter for which Taumata Arowai assumes responsibility, on the commencement of this clause.
(2)
Each person this clause applies to becomes an employee of Taumata Arowai on the same terms and conditions as applied immediately before they became an employee of Taumata Arowai.
4 Terms of transfer of employment
(1)
This clause applies to a person who becomes an employee of Taumata Arowai under clause 3 (a transferred employee).
(2)
The terms and conditions of employment of a transferred employee immediately before the commencement of this clause continue to apply in relation to that employee until—
(a)
those terms and conditions are varied by agreement between the transferred employee and Taumata Arowai; or
(b)
the transferred employee accepts a subsequent appointment with Taumata Arowai.
(3)
For the purposes of every enactment, law, determination, contract, and agreement relating to the employment of a transferred employee,—
(a)
the employment agreement of that employee is to be treated as unbroken; and
(b)
the employee’s period of service with the DIA, and every other period of service of that employee that is recognised by the DIA as continuous service, is to be treated as a period of service with Taumata Arowai.
(4)
To avoid doubt, the employment of a transferred employee by Taumata Arowai does not constitute new employment for the purposes of the Holidays Act 2003 or the KiwiSaver Act 2006.
(5)
A transferred employee is not entitled to receive any payment or benefit from the DIA or Taumata Arowai on the grounds that the person’s position in the DIA has ceased to exist or the person has ceased to be an employee of the DIA as a result of the transfer to Taumata Arowai.
(6)
This clause overrides Part 6A of the Employment Relations Act 2000.
Sharing or transfer of information
5 Sharing or transfer of information relating to Part 2A of Health Act 1956
(1)
Despite anything in any other Act, a transferor may, at any time on or after the commencement of this clause, share with, or transfer to, Taumata Arowai any information held by the transferor immediately before the commencement of this clause that relates to the performance or exercise of functions, duties, or powers under Part 2A of the Health Act 1956.
(2)
Sharing, or a transfer of, information under subclause (1) is not an action that is an interference with the privacy of an individual under section 66 of the Privacy Act 1993.
(3)
In this clause, transferor means—
(a)
the Ministry of Health:
(b)
the Director-General of Health:
(c)
designated officers (as defined in section 69G of the Health Act 1956):
(d)
drinking-water assessors appointed under section 69ZK of the Health Act 1956:
(e)
employers of designated officers and drinking-water assessors.
Schedule 2 Consequential amendments to other enactments
Crown Entities Act 2004 (2004 No 115)
In Schedule 1, Part 1, insert in its appropriate alphabetical order:
| Name | Exemption from acquisition of financial products, borrowing, guarantee, and derivative rules | Exemption from section 165 (net surplus payable to Crown) | ||||||||
| s 161 | s 162 | s 163 | s 164 | |||||||
| Taumata Arowai–the Water Services Regulator | ||||||||||
Ombudsmen Act 1975 (1975 No 9)
In Schedule 1, Part 2, insert in its appropriate alphabetical order:
Taumata Arowai–the Water Services Regulator
Notes
1 General
This is a consolidation of the Water Services Authority—Taumata Arowai that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43): Part 9, section 172
Water Services Acts Repeal Act 2024 (2024 No 2): section 12(1)
Water Services Entities Amendment Act 2023 (2023 No 44): section 46
Taumata Arowai–the Water Services Regulator Act Commencement Order (No 2) 2021 (SL 2021/355)
Water Services Act 2021 (2021 No 36): section 206(1)
Secondary Legislation Act 2021 (2021 No 7): section 3
Taumata Arowai–the Water Services Regulator Act Commencement Order 2021 (LI 2021/23)