1: Title
This Act is the Water Services Economic Efficiency and Consumer Protection Act 2023.
2: Commencement
1: This Act comes into force on the day after the date on which it receives the Royal assent.
2: However, Part 3
1: Preliminary provisions
3: Overview
1: This Act provides for—
a: the regulation of the price and quality of water infrastructure services, as set out in Part 2
b: consumer protection for water infrastructure services, as set out in Part 3
2: The purpose of the regulation of the price and quality of water infrastructure services provided for in Part 2 section 12
3: The purpose of consumer protection for water infrastructure services provided for in Part 3 section 58
4: This section is intended only as a guide to the general scheme and effect of this Act.
4: Commission’s functions under this Act
1: In addition to the other functions conferred on the Commission by this Act, the Commission’s functions under this Act are as follows:
a: to monitor—
i: in relation to Part 2
ii: in relation to Part 3
b: to carry out inquiries, reviews, and studies (including international benchmarking) into any matter relating to the supply of water infrastructure services:
c: to act as regulator of water infrastructure services under this Act, including by—
i: issuing warnings, reports, or guidelines, or making comments, about any matter relating to water infrastructure services, regulated water services providers, or other persons engaged in the supply of water infrastructure services (including in relation to 1 or more particular persons); and
ii: performing or exercising duties and powers under this Act; and
iii: monitoring compliance with and enforcing this Act (including any determinations made under Part 2 Part 3 Part 3
iv: taking appropriate action in respect of persons that have contravened, are contravening, have attempted to contravene, or are likely to contravene this Act, or have been involved, are involved, or are likely to be involved in a contravention of this Act (including any determinations made under Part 2 Part 3 Part 3
v: ensuring that the development codes required by sections 292 to 296 and 299
d: to make available, or co-operate in making available, information in connection with water infrastructure services (for example, reports or summaries about the things referred to in paragraphs (a) to (c)
e: to co-operate with—
i: any other law enforcement or regulatory agency that carries out a role in relation to water infrastructure services; and
ii: any overseas regulator that has functions in relation to water infrastructure services corresponding to those of the Commission under this Act:
f: to keep under review the law and practices that are relevant to its other functions under this section (including overseas law and practices).
2: In carrying out its function under subsection (1)(d)
3: In carrying out its functions under this Act, the Commission may consider, analyse, use, and make comments on the information provided publicly by statutory water services entities or Taumata Arowai under any legislation dealing with water services.
4: Subsection (3)
5: The Commission’s functions under this Act do not extend to regulating the safety of drinking water ( see section 11
5: Matters to be considered by Commission and Minister
1: This section applies if the Commission or the Minister is required under this Act to make a recommendation, determination, or decision.
2: The Commission or Minister must,—
a: in a case where the Commission or Minister is acting under Part 2 section 12
b: in a case where the Commission or Minister is acting under Part 3 section 58
c: in making the recommendation, determination, or decision, take into account the obligations of regulated water services providers, including with respect to the following matters:
i: giving effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi:
ii: giving effect to Treaty settlement obligations:
iii: giving effect to Te Mana o te Wai:
iv: mitigating and adapting to the effects of climate change and natural hazards:
v: supporting and enabling planning processes, growth, and housing and urban development.
3: Subsection (2)(c)
4: If the Commission is required to make a recommendation, determination, or decision under any other legislation relating to water services,—
a: the Commission must comply with subsections (2)(c) and (3)
b: compliance by the Commission with paragraph (a)
i: te Tiriti o Waitangi/the Treaty of Waitangi; and
ii: Treaty settlement obligations; and
iii: Te Mana o te Wai. 2001 No 103 s 166
6: Duties of Commission relating to te Tiriti o Waitangi/the Treaty of Waitangi
The Commission must maintain systems and processes to ensure that, for the purpose of carrying out its duties under section 5(2)(c) and (3)
a: give effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi; and
b: give effect to Treaty settlement obligations; and
c: give effect to Te Mana o te Wai; and
d: engage with Māori and understand perspectives of Māori.
7: Interpretation
In this Act, unless the context otherwise requires,— backflow prevention device section 5 claimant group Treaty of Waitangi Act 1975 Commission section 8 competition consumer
a: means a person who consumes, acquires, or is provided with water infrastructure services; and
b: includes a developer; and
c: for the purposes of Parts 3 4 Part 2 section 342
d: for the purposes of Part 3 consumer dispute resolution service service section 59 development code sections 292 to 296 and 299 of the Water Services Entities Act 2022 clause 64 Schedule 1 drinking water section 6 drinking water infrastructure services section 8 drinking water supplier section 8 end-point treatment device section 5 funding and pricing plan green stormwater 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 stormwater services; and
b: includes an engineered system that is an area, feature, or process that complies with paragraph (a) information disclosure requirement section 15 input methodology section 26 section 28 interconnected interconnected bodies corporate section 2(7) market Minister overland flow path section 6 point of supply section 13 price
a: means 1 or more of individual prices, aggregate prices, or revenues (whether in the form of specific numbers or in the form of formulas by which specific numbers are derived); and
b: includes any related terms of payment regulated water services provider
a: for the purposes of Part 2 section 13
b: for the purposes of Part 3 Schedule 2 section 59
c: for the purposes of the rest of this Act, means a water services entity that is a regulated water services provider within the meaning of either Part 2 Part 3 regulations regulatory period section 20 section 15 determination section 15
a: information disclosure regulation:
b: quality regulation:
c: price-quality regulation service provider section 59 service quality code section 66 statutory water services entity stormwater infrastructure services
a: means the collection, treatment, drainage, reuse, or discharge of stormwater in an urban area; and
b: includes services relating to—
i: an overland flow path; and
ii: green stormwater infrastructure; and
iii: watercourses that are part of, or related to, the infrastructure used to carry out the services referred to in paragraph (a)
c: does not include services relating to a transport stormwater system subsidiary
a: means a company or body corporate in which 1 or more regulated water services providers—
i: control the composition of the board of the company or body corporate; or
ii: are in a position to exercise, or control the exercise of, more than half the maximum number of votes that can be exercised at a meeting of the company or body corporate; or
iii: hold more than half of the issued shares of the company or body corporate, other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital; or
iv: are entitled to receive more than half of every dividend paid on shares issued by the company or body corporate, other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital; and
b: includes a company in which—
i: 2 or more regulated water services providers hold shares; and
ii: the combined shareholding produces 1 or more of the circumstances described in paragraph (a) tariff list Taumata Arowai section 8 Te Mana o te Wai
a: has the meaning set out in the national planning framework made under section 103
b: applies, for the purposes of this Act, to water transport corridor manager
a: the New Zealand Transport Agency established under section 93
b: KiwiRail Limited:
c: Auckland Transport established under section 38
d: any local authority that has, in relation to a road as defined in section 315(1) transport stormwater system
a: means the infrastructure owned or operated by, or processes used by, a transport corridor manager to collect, treat, drain, store, reuse, or discharge stormwater relating to a transport corridor; and
b: includes—
i: an overland flow path; and
ii: green stormwater infrastructure; and
iii: watercourses that are part of, or related to, the infrastructure described in paragraph (a) Treaty settlement Act
a: an Act listed in Schedule 3
b: any other Act that provides redress for Treaty of Waitangi claims, including Acts that provide collective redress or participation arrangements for claimant groups whose claims are, or are to be, settled by another Act Treaty settlement deed
a: that is signed for and on behalf of the Crown by 1 or more Ministers of the Crown, and by representatives of a claimant group; and
b: that is in settlement of the Treaty of Waitangi claims of the members of that group, or in express anticipation, or on account, of that settlement Treaty settlement obligation
a: a Treaty settlement Act:
b: a Treaty settlement deed urban area
a: means an area identified in a district plan or a proposed district plan as being primarily zoned, or intended to be for, residential, industrial, commercial and mixed use, or settlement activities, together with adjoining special-purpose and open-space and recreation zones, however described; but
b: does not include any other area zoned primarily for rural activities, however described wastewater infrastructure services water
a: has the same meaning as in section 11(1)
b: includes water in any form while in any pipe, tank, or cistern water infrastructure services
a: water supply infrastructure services:
b: stormwater infrastructure services:
c: wastewater infrastructure services water services water services entity water supply section 6 water supply infrastructure services
a: drinking water infrastructure services; and
b: the infrastructure required for water supply watercourse
8: Meaning of drinking water infrastructure services
1: In this Act, unless the context otherwise requires, drinking water infrastructure services
a: means the abstraction, storage, treatment, transmission, or transportation of drinking water for supply to consumers or a drinking water supplier; and
b: includes services that are provided at or through—
i: the point of supply; and
ii: any end-point treatment device; and
iii: any backflow prevention device.
2: However, services relating to the supply of drinking water from either of the following are not drinking water infrastructure services:
a: a temporary drinking water supply provided under section 33 34
b: a domestic self-supply (as defined in section 10(1)
9: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
10: Act binds the Crown
This Act binds the Crown.
2: Price and quality regulation
1: General
11: Overview of this Part
1: In this Part,—
a: this subpart contains general provisions, defines terms used in this Part, and provides for the Commission to make determinations specifying how each type of regulation applies to regulated water services providers:
b: subpart 2 section 15
c: subpart 3
d: subpart 4
e: subpart 5
f: subpart 6
g: subpart 7
h: subpart 8
2: This section is intended only as a guide to the general scheme and effect of this Part. 2001 No 103 s 163
12: Purpose of this Part
The purpose of this Part is to promote the long-term benefit of consumers of water infrastructure services in markets where there is little or no competition, and little or no likelihood of a substantial increase in competition, by promoting outcomes that are consistent with outcomes produced in competitive markets so that regulated water services providers—
a: have incentives to innovate and to invest, including in replacement, upgraded, and new assets; and
b: have incentives to improve efficiency and provide services at a quality that reflects consumer demands; and
c: share with consumers the benefits of efficiency gains in the supply of water infrastructure services, including through lower prices; and
d: are limited in their ability to extract excessive profits. 1986 No 5 s 52A
13: Interpretation
In this Part, unless the context otherwise requires,— publicly disclose section 15 regulated water services provider
a: means—
i: a statutory water services entity; and
ii: a water services entity that is designated under section 52
iii: a successor to a person referred to in subparagraph (i) or (ii)
b: includes either of the following, which must be treated as part of the entity referred to in paragraph (a)(i), (ii), or (iii)
i: a subsidiary of a person referred to in paragraph (a)(i), (ii), or (iii)
ii: a person that is an interconnected body corporate in relation to a person referred to in paragraph (a)(i), (ii), or (iii)
14: Regulation of water infrastructure services
1: Water infrastructure services are regulated as provided for by this Part.
2: A regulated water services provider must, in respect of the water infrastructure services it supplies, comply with—
a: the requirements of this Part that apply to the regulated water services provider; and
b: every section 15
c: in relation to an input methodology that is not specified in a section 15 see section 25(1)(b)
3: The Commission may exercise any of its powers under this Act for the purpose of monitoring compliance by regulated water services providers with regulation under this Part. 2001 No 103 s 167
15: Determinations made by Commission under this section
1: The Commission must make determinations under this section specifying how 1 or more of the following apply to regulated water services providers:
a: information disclosure regulation:
b: quality regulation:
c: price-quality regulation.
2: A determination must—
a: specify the regulated water services providers to which it applies; and
b: specify the water infrastructure services in respect of which it applies; and
c: set out, for each type of regulation to which it relates, the requirements under this Part that apply to each regulated water services provider to which the determination applies; and
d: set out any time frames (including regulatory periods) that must be complied with or that apply; and
e: specify any input methodologies that apply; and
f: be consistent with this Part.
3: It is not necessary for a single determination to address all matters relating to all water infrastructure services, or to a regulated water services provider, and different parts of any determination may come into effect at different times.
4: A determination made under this section may require a regulated water services provider to comply with the requirements set out in any other determination that has been made under this section in respect of water infrastructure services.
5: A determination made under this section may relate to all regulated water services providers or to 1 or more regulated water services providers (for example, a determination relating to price-quality regulation may apply to an individual regulated water services provider and set price-quality paths that are specific to that provider).
6: A determination made under this section relating only to information disclosure or quality regulation may last for more than 1 regulatory period and remains in force until it is revoked.
7: A determination under this section and an amendment to a determination are secondary legislation ( see Part 3
8: As soon as practicable after making a determination under this section, the Commission must give to each regulated water services provider to whom the determination relates notice of the determination and where it is available. 2001 No 103 s 170 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
16: Amendment of section 15 determination
1: The Commission must consult interested parties before amending or revoking a section 15
2: However, the Commission may amend a section 15 subsection (1)
3: As soon as practicable after making an amendment, the Commission must give to each regulated water services provider to which the determination relates notice of the amendment and where it is available. 2001 No 103 s 173
17: Power to exempt disclosure of commercially sensitive information
1: The Commission may, on application, exempt any person or class of persons, in respect of any information or class of information that the Commission considers to be commercially sensitive, from any obligation to make that information publicly available as part of the requirements of information disclosure regulation, quality regulation, or price-quality regulation.
2: The Commission may only grant an exemption under this section if the Commission is satisfied that doing so would be consistent with the purpose of this Part.
3: The Commission may grant the exemption on any terms and conditions that it thinks fit.
4: The Commission’s reasons for granting an exemption must be published together with the exemption.
5: An exemption granted under this section, and any variation or revocation of it, is secondary legislation ( see Part 3 1986 No 5 s 53ZG The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: publish it in accordance with the Legislation (Publication) Regulations 2021 comply with subsection (4) LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
2: Timing
18: Timing of initial input methodologies
Information disclosure and price-quality regulation
1: The Commission must determine initial input methodologies relating to information disclosure and price-quality regulation of water infrastructure services (and covering the matters referred to in section 26(1)
a: in relation to the statutory water services entity that serves the Auckland and Northland areas, no later than 1 July 2026; and
b: in relation to all other statutory water services entities, no later than 1 July 2028.
2: In relation to a water services entity that is designated under section 52
a: determine initial input methodologies of the type referred to in subsection (1)
b: if the Commission considers it appropriate, apply any existing input methodology of the type referred to in subsection (1)
3: The Commission is not required to comply with section 27 subsection (2)(b) Quality regulation
4: The Commission may, in respect of a regulated water services provider (or a class of regulated water services providers), determine initial input methodologies relating to quality regulation of water infrastructure services (and covering the matters referred to in section 26(1) subsection (1) or (2) 2001 No 103 s 178
19: When initial section 15 determinations must be made
1: The Commission must make initial determinations under section 15
a: in relation to the statutory water services entity that serves the Auckland and Northland areas, no later than 1 July 2027; and
b: in relation to all other statutory water services entities, no later than 1 July 2029.
2: The Commission must make initial determinations under section 15
a: in relation to the statutory water services entity that serves the Auckland and Northland areas, no later than 1 July 2030; and
b: in relation to all other statutory water services entities, no later than 1 July 2032.
3: An initial section 15
a: in relation to information disclosure regulation, 1 July 2024 ( see also clause 3
b: in relation to quality regulation,—
i: 1 July 2027, in relation to the statutory water services entity that serves the Auckland and Northland areas; and
ii: 1 July 2029, in relation to all other regulated water services providers:
c: in relation to price-quality regulation,—
i: 1 July 2030, in relation to the statutory water services entity that serves the Auckland and Northland areas (unless the power under section 21(1)(c)
ii: 1 July 2032, in relation to all other regulated water services providers (unless the power under section 21(1)(d)
4: The Commission must consult interested parties before making an initial section 15 2001 No 103 s 172
20: Regulatory periods
1: The first regulatory period lasts for a period of 3 years and starts,—
a: in relation to the statutory water services entity that serves the Auckland and Northland areas, on 1 July 2027; and
b: in relation to all other regulated water services providers, on 1 July 2029.
2: The duration of subsequent periods must be determined by the Commission and must be no longer than 6 years.
3: In determining the duration of subsequent periods, the Commission may set different periods for different regulated water services providers as the Commission sees fit.
4: The Commission must notify the duration of each new regulatory period in a section 15 2001 No 103 s 207
21: Ability to change dates for initial input methodologies and initial section 15 determinations
1: The Governor-General may, by Order in Council, do any 1 or more of the following:
a: at any time before the Commission must determine an initial input methodology in accordance with section 18(1)
b: at any time before the date on which the Commission must make an initial section 15 section 19(1) or (2)
c: at any time before 1 April 2026, advance by up to 3 years the date by which the Commission must make an initial determination in relation to price-quality regulation for the statutory water services entity that serves the Auckland and Northland areas under section 19(2)(a)
d: at any time before 1 April 2028, advance by up to 3 years the date by which the Commission must make an initial determination in relation to price-quality regulation for 1 or more other statutory water services entities under section 19(2)(b)
2: However,—
a: the power to defer a date under subsection (1)(a) or (b) section 15
b: the power to advance a date under subsection (1)(c) or (d)
3: An Order in Council made under this section—
a: must be made on the recommendation of the Minister; and
b: must specify a new date by which the Commission must determine the relevant initial input methodology or initial section 15
c: is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
22: Minister’s recommendation
1: In making a recommendation that a date be deferred under section 21
a: be satisfied that the purpose of this Part would be better met if 1 or more water infrastructure services were not subject to 1 or more types of regulation under this Part on the latest date contemplated by this subpart; and
b: in relation to a deferral of the date by which the Commission must make an initial section 15 section 19(2) section 149
2: The Minister may make a recommendation that a date be advanced under section 21(1)(c) or (d)
a: after receiving and considering a recommendation from the Commission under section 147
b: if the Minister is satisfied of the relevant matters in section 147(1)(a)
3: Input methodologies
23: Purpose of input methodologies
The purpose of input methodologies is to promote certainty for regulated water services providers and consumers in relation to the rules, requirements, and processes applying to the regulation, or proposed regulation, of water infrastructure services under this Part. 2001 No 103 s 174
24: Requirement for input methodologies
1: The Commission—
a: must determine input methodologies in respect of information disclosure regulation under subpart 4 subpart 6
b: may determine input methodologies in respect of quality regulation under subpart 5
2: This section does not affect clause 3(2)(a)
25: How input methodologies apply
1: An input methodology relating to the supply of water infrastructure services must be applied—
a: by each relevant regulated water services provider in accordance with the relevant section 15
b: in relation to an input methodology that is not specified in a section 15
c: by the Commission in recommending, deciding, or determining—
i: how regulation under this Part should apply to water infrastructure services; or
ii: the prices or quality standards applying to water infrastructure services.
2: However, subsection (1)(c) section 19(1) section 18(1) 2001 No 103 s 175
26: Matters covered by input methodologies
1: The input methodologies relating to water infrastructure services must include, to the extent applicable to the type of regulation under consideration,—
a: methodologies for evaluating or determining the following matters in respect of the supply of the water infrastructure services:
i: cost of capital:
ii: valuation of assets, including depreciation, and treatment of revaluations:
iii: allocation of common costs (for example, between activities, businesses, regulated services, consumer classes, and geographic areas):
iv: treatment of taxation; and
b: regulatory processes and rules, such as—
i: the specification and definition of prices, including identifying any costs that can be passed through to prices (which may not include the legal costs of any appeals under section 120 121
ii: identifying circumstances in which price-quality paths may be reconsidered within a regulatory period; and
c: methodologies for capital expenditure projects, including the following:
i: requirements that the regulated water services provider must meet, including the scope and specificity of information required, the extent of independent verification and audit, and the extent of consultation and agreement with other parties; and
ii: the criteria the Commission will use to evaluate capital expenditure proposals; and
iii: time frames and processes for evaluating capital expenditure proposals, including what happens if the Commission does not comply with those time frames.
2: Every input methodology must, as far as is reasonably practicable,—
a: except in relation to any input methodology of the type referred to in subsection (5) subsection (1)
b: set out how the Commission intends to apply the input methodology to particular water infrastructure services; and
c: be consistent with the other input methodologies that relate to the same type of services.
3: In determining an input methodology, the Commission may have regard to the scale, complexity, and risk profile of each regulated water services provider (or a class of regulated water services providers) in respect of which the methodology will apply (for example, by specifying the matters referred to in subsection (1)
4: An input methodology may relate to all regulated water services providers or to a class of regulated water services providers or to 1 or more regulated water services providers.
5: To avoid doubt, the Commission may determine further input methodologies relating to a type of regulation under this Part covering matters other than the matters referred to subsection (1)
6: If the Commission determines further input methodologies of the type referred to in subsection (5)
7: If the Commission determines an input methodology that is not specified in a section 15
a: states clearly that it is an input methodology of the sort referred to in section 25(1)(b)
b: specifies the regulated water services providers to which it applies; and
c: specifies the water infrastructure services in respect of which it applies; and
d: sets out any time frames that must be complied with or that apply; and
e: is consistent with this Part. 1986 No 5 s 52T
27: Commission process for determining input methodologies
1: When the Commission begins work on an input methodology, it must give public notice of its intention to do so that—
a: outlines the process that will be followed; and
b: sets out the proposed time frames.
2: During the course of its work on an input methodology, the Commission must give public notice of the draft methodology and consult interested parties before finalising the methodology.
3: See clause 2 2001 No 103 s 179
28: Status of input methodologies, amendments, and revocations
1: The following are secondary legislation ( see Part 3
a: an input methodology:
b: an amendment to an input methodology:
c: the revocation by the Commission of an input methodology.
2: Secondary legislation referred to in subsection (1) Legislation Act 2019
a: if it is made by the Commission, within 10 working days after the Commission makes its determination; or
b: if it is made by the High Court on appeal, within 10 working days after the Commission receives a copy of the High Court’s decision.
3: If an input methodology or amendment is made by the High Court on appeal, the Legislation Act 2019
4: When a methodology or an amendment (but not a revocation) is published, the Commission must publish the reasons for determining the methodology, or for amending it, on the Commission’s Internet site. 2001 No 103 s 180 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 Subsections (2) and (4) must also be complied with LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
29: Changes to input methodologies
1: If the Commission proposes to amend or revoke an input methodology, section 27
2: However, the Commission may amend an input methodology without complying with section 27 2001 No 103 s 181
30: Review and date of publication of input methodologies
1: The Commission must review each input methodology no later than 7 years after its date of publication and, after that, at intervals of no more than 7 years.
2: The date of publication Legislation Act 2019
3: Section 27
4: See also section 28 1986 No 5 s 52Y 2001 No 103 s 182
31: Commission may direct regulated water services provider to comply with relevant input methodology requirement
1: If satisfied that a regulated water services provider has failed to comply with a requirement in a relevant input methodology, the Commission may, by written notice, direct the provider to comply with the relevant requirement.
2: In this section, a relevant input methodology section 15 see section 25(1)(b)
32: Regulated water services provider must comply with direction from Commission
A regulated water services provider that receives a direction from the Commission under section 31
4: Information disclosure regulation
33: Purpose of information disclosure regulation
The purpose of information disclosure regulation is to ensure that sufficient information is readily available to interested persons to assess whether the purpose of this Part is being met. 2001 No 103 s 186
34: Effect of being subject to information disclosure regulation
1: A regulated water services provider to which a section 15
a: publicly disclose information in accordance with the information disclosure requirements set out in the relevant section 15
b: supply to the Commission a copy of all information disclosed in accordance with the section 15
c: supply to the Commission, in accordance with a written notice by the Commission, any further statements, reports, agreements, particulars, or other information required for the purpose of monitoring the regulated water services provider’s compliance with the section 15
2: The Commission—
a: may monitor and analyse all information disclosed in accordance with the information disclosure requirements (including information supplied under subsection (1)(c)
b: must, as soon as practicable after any information is publicly disclosed, publish (on the Commission’s Internet site) a summary and an analysis of that information for the purpose of promoting greater understanding of the performance of individual regulated water services providers, their relative performance, and changes in their performance over time.
3: To avoid doubt, the Commission may, as part of a summary and an analysis, include an analysis of how effective the information disclosure requirements imposed on regulated water services providers are in promoting the purpose in section 12
4: In complying with subsection (2)(b) 2001 No 103 s 187
35: Section 15 determination to set out information disclosure requirements
1: A section 15
a: the information to be disclosed:
b: the manner in which the information is to be disclosed:
c: the form of disclosure:
d: when, and for how long, the information must be disclosed:
e: any other methodologies that are required in the preparation or compilation of the information.
2: In making a section 15
3: Information required to be disclosed may include (without limitation) 1 or more of the following:
a: financial statements (including projected financial statements):
b: asset values and valuation reports:
c: prices, terms and conditions relating to prices, and pricing methodologies:
d: contracts:
e: transactions with related parties:
f: financial and non-financial performance measures:
g: plans and forecasts, including (without limitation) plans and forecasts about demand, investments, prices, revenues, quality and service levels, capacity and spare capacity, and efficiency improvements:
h: asset management plans:
i: quality performance measures and statistics:
j: assumptions, policies, and methodologies used or applied in these or other areas:
k: consolidated information that includes information about goods or services that are not subject to regulation under this Part, in which case section 36
l: information about the financing of regulated water services providers that includes information about goods or services that are not subject to regulation under this Part, in which case section 36
4: In addition, in relation to a statutory water services entity, information required to be disclosed must include information about how the entity is fulfilling its objective to support and enable planning processes, growth, and housing and urban development and, in particular, the entity’s level of responsiveness in relation to those issues ( see section 12(d)
5: The section 15
a: require disclosed information, or information from which disclosed information is derived (in whole or in part), to be verified by statutory declaration:
b: require independent audits of disclosed information:
c: require the retention of data on which disclosed information is based, and associated documentation:
d: exempt any person or class of persons, or provide for exemptions, from any requirements of the determination, and revoke, or provide for the revocation of, exemptions:
e: provide for transitional provisions:
f: impose any other requirements that the Commission considers necessary or desirable to promote the purpose of information disclosure regulation.
6: If a section 15 subsection (5)(d)
a: an instrument granting or revoking an exemption is secondary legislation ( see Part 3
b: the determination must contain a statement to that effect.
7: The Commission must consult interested parties before making a section 15 2001 No 103 s 188 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
36: Information required may include information about goods or services not subject to regulation under this Part
1: The purpose of this section is to enable the Commission to monitor—
a: compliance with information disclosure regulation applying to water infrastructure services; and
b: the ongoing capability of a regulated water services provider to raise finance with respect to its supply of regulated services, by assessing the provider’s overall financial position.
2: A section 15 subsection (3) subsection (1)
3: If a regulated water services provider provides goods or services that are not subject to regulation under this Part ( other goods or services
a: consolidated financial statements, and any other information referred to in section 35
b: consolidated financial statements, and any other information referred to in section 35
c: reconciliation of information provided under paragraphs (a) and (b)
d: information about the financing of—
i: all businesses (including those related to the supply of other goods or services) undertaken by that provider; and
ii: the supply of all goods and services (including other goods or services) provided by that provider.
4: This section overrides any other provision of this Part. 2001 No 103 s 189
37: Charge for providing copies to public
1: A person who is required, by a section 15
2: The charge must be no more than is reasonably required to recover the costs of providing those copies. 2001 No 103 s 190
5: Quality regulation
38: Purpose of quality regulation
The purpose of quality regulation is to regulate the quality and performance (other than in relation to prices) of water infrastructure services provided by regulated water services providers. 2001 No 103 s 192
39: Effect of being subject to quality regulation
1: A regulated water services provider to which a section 15
a: supplied by the provider; and
b: specified in the determination.
2: For the purpose of monitoring compliance with this section, the Commission may, in addition to exercising its powers under section 98
a: a written statement that states whether the provider has complied with the quality paths applying to that provider:
b: a report on the written statement referred to in paragraph (a)
c: sufficient information to enable the Commission to properly determine whether a quality path has been complied with:
d: a certificate, in the form specified by the Commission and signed by at least 1 board member of the provider, or, if there is no board, the person who operates the provider, confirming the truth and accuracy of any information provided under this section. 2001 No 103 s 193
40: Section 15 determination to set out quality path requirements
1: A section 15
2: A quality path must specify the following:
a: the regulatory period to which it applies (including specifying whether the period is common to all regulated water services providers or specific to 1 or more providers):
b: the quality standards that a regulated water services provider must meet:
c: the date or dates on which the quality path (or any part of it) takes effect:
d: the date or dates by which compliance must be demonstrated in accordance with section 39(2)
3: In specifying a quality path, the Commission may have regard to the scale, complexity, and risk profile of each regulated water services provider (or a class of regulated water services providers) in respect of which it will apply, for example, by doing either or both of the following:
a: undertaking a greater or lesser degree of scrutiny of a provider (or class of providers) with respect to historical and forecast quality of supply:
b: setting quality standards at a more or less onerous level.
4: A quality path may include—
a: incentives for a regulated water services provider to maintain or improve its quality of supply, and those incentives may include (without limitation) either of the following:
i: compensation schemes that set minimum standards of performance and require the provider to pay prescribed amounts of compensation if it fails to meet those standards:
ii: the use of schemes that rate or rank various aspects of the provider’s performance in meeting the required quality standards or any performance requirements; and
b: performance requirements, including any of the following:
i: requirements to adopt a particular approach to risk management:
ii: requirements in relation to the condition of assets and remaining asset life:
iii: requirements to make particular types of investment:
iv: requirements to provide information about any investments planned for a particular period:
v: requirements to consult the Commission about certain kinds of investments and investment decisions:
vi: requirements to adopt asset management policies and practices:
vii: requirements to ring-fence minimum amounts of revenue for investment purposes:
viii: reporting requirements, including—
A: to whom reports must be made; and
B: the timing of reports; and
C: special reporting requirements in asset management plans, if the regulated water services provider fails to meet the quality standards; and
D: any other matters relating to reporting, including requirements for additional information:
ix: requirements that any disclosed information, or any information from which disclosed information is derived, be verified by statutory declaration or certified (in the form specified by the Commission) as true and accurate:
x: requirements to undertake cost-benefit analysis before specified projects are begun:
xi: requirements relating to consultation and engagement with consumers:
xii: requirements based on comparative benchmarking of efficiency.
5: Quality standards, incentives, and performance requirements may be set or imposed only in respect of services that are subject to regulation under this Part.
6: A requirement to ring-fence revenue (as referred to in subsection (4)(b)(vii)
7: Quality standards may be prescribed in any way the Commission considers appropriate (such as targets, bands, formulas, or timetables for responsiveness to consumers).
8: A quality path does not apply to a regulated water services provider until the date specified in the relevant section 15
9: The Commission must consult interested parties before making a section 15 2001 No 103 s 194
6: Price-quality regulation
41: Purpose of price-quality regulation
The purpose of price-quality regulation is to regulate the price, quality, and performance of water infrastructure services provided by regulated water services providers. 2001 No 103 s 192
42: Effect of being subject to price-quality regulation
1: A regulated water services provider to which a section 15
a: supplied by the provider; and
b: specified in the determination.
2: For the purpose of monitoring compliance with this section, the Commission may, in addition to exercising its powers under section 98
a: a written statement that states whether the provider has complied with the price-quality paths applying to that entity:
b: a report on the written statement referred to in paragraph (a)
c: sufficient information to enable the Commission to properly determine whether a price-quality path has been complied with:
d: a certificate, in the form specified by the Commission and signed by at least 1 board member of the provider, or, if there is no board, the person who operates the provider, confirming the truth and accuracy of any information provided under this section. 2001 No 103 s 193
43: Section 15 determination to set out price-quality path requirements
1: A section 15
2: A price-quality path must specify the following:
a: the regulatory period to which it applies (including specifying whether the period is common to all regulated water services providers or specific to 1 or more providers):
b: in relation to prices, 1 or both of the following:
i: the maximum price or prices that a regulated water services provider may charge:
ii: the maximum revenues that a regulated water services provider may recover:
c: the quality standards that a regulated water services provider must meet:
d: the date or dates on which the price-quality path (or any part of it) takes effect:
e: the date or dates by which compliance must be demonstrated in accordance with section 42(2)
3: In specifying a price-quality path, the Commission may have regard to the scale, complexity, and risk profile of each regulated water services provider (or a class of regulated water services providers) in respect of which it will apply, for example, by doing any 1 or more of the following:
a: undertaking a greater or lesser degree of scrutiny of a provider (or class of providers) with respect to historical and forecast prices, expenditure, and quality of supply:
b: setting higher or lower maximum prices or revenues:
c: setting quality standards at a more or less onerous level.
4: A price-quality path may include—
a: incentives for a regulated water services provider to maintain or improve its quality of supply, and those incentives may include (without limitation) any of the following:
i: penalties by way of a reduction in the provider’s maximum prices or revenues based on whether, or by what amount, the provider fails to meet the required quality standards or any performance requirements:
ii: rewards by way of an increase in the provider’s maximum prices or revenues based on whether, or by what amount, the provider meets or exceeds the required quality standards or any performance requirements:
iii: compensation schemes that set minimum standards of performance and require the provider to pay prescribed amounts of compensation if it fails to meet those standards:
iv: the use of schemes that rate or rank various aspects of the provider’s performance in meeting the required quality standards or any performance requirements; and
b: performance requirements, including any of the following:
i: requirements to adopt a particular approach to risk management:
ii: requirements in relation to the condition of assets and remaining asset life:
iii: requirements to make particular types of investment:
iv: requirements to provide information about any investments planned for a particular period:
v: requirements to consult the Commission about certain kinds of investments and investment decisions:
vi: requirements to adopt asset management policies and practices:
vii: requirements to ring-fence minimum amounts of revenue for investment purposes:
viii: reporting requirements, including—
A: to whom reports must be made; and
B: the timing of reports; and
C: special reporting requirements in asset management plans, if the regulated water services provider fails to meet the quality standards; and
D: any other matters relating to reporting, including requirements for additional information:
ix: requirements that any disclosed information, or any information from which disclosed information is derived, be verified by statutory declaration or certified (in the form specified by the Commission) as true and accurate:
x: requirements to undertake cost-benefit analysis before specified projects are begun:
xi: requirements relating to consultation and engagement with consumers:
xii: requirements based on comparative benchmarking of efficiency.
5: Quality standards, incentives, and performance requirements may be set or imposed only in respect of services that are subject to regulation under this Part.
6: A requirement to ring-fence revenue (as referred to in subsection (4)(b)(vii)
7: Quality standards may be prescribed in any way the Commission considers appropriate (such as targets, bands, formulas, or timetables for responsiveness to consumers).
8: A price-quality path does not apply to a regulated water services provider until the date specified in the relevant section 15 2001 No 103 s 194
44: Wash-up mechanism for maximum revenues specified in initial price-quality paths
1: This section applies when the Commission specifies, in the price-quality paths for a regulatory period, the maximum revenues that a regulated water services provider may recover.
2: The Commission may, in calculating the maximum revenues, apply a wash-up mechanism that provides for any over-recovery or under-recovery of revenue by the regulated water services provider during the previous regulatory period (if applicable) to be applied in a manner that is equivalent in present-value terms (as calculated in the manner that the Commission thinks fit) over 1 or more future regulatory periods. 2001 No 103 s 196
45: Smoothing revenues and prices
1: This section applies when the Commission specifies maximum prices or maximum revenues for the purpose of section 43(2)(b)
2: The Commission may calculate the maximum price or revenue in a manner that is equivalent in present value terms (as calculated in the manner that the Commission thinks fit) over 2 or more regulatory periods (for example, by altering depreciation) if, in the Commission’s opinion, it is necessary or desirable to do so to provide for the financeability of a regulated water services provider or to minimise price shocks to consumers. 2001 No 103 s 197
46: Making new section 15 determination
1: Before the end of each regulatory period for a regulated water services provider (or a class of regulated water services providers), the Commission must make a new section 15
2: However, subsection (1)
a: does not apply in respect of a regulatory period if price-quality regulation has not been imposed in that period; and
b: does not require the Commission to make a section 15
3: In making a new section 15 section 43 2001 No 103 s 203
47: What happens to price-quality path if input methodologies change
1: The Commission must not reopen a price-quality path within a regulatory period on the grounds of a change in an input methodology, except as provided in subsection (2)
2: The Commission must reopen a price-quality path, and make a new price-quality path by amending the relevant section 15 section 16
a: an input methodology changes as a result of an appeal under section 121
b: had the changed methodology applied at the time the price-quality path was set, it would have resulted in a materially different path being set. 2001 No 103 s 204
7: Commission review of funding and pricing plans and tariff lists
48: Commission must review funding and pricing plans and tariff lists
1: The Commission must review any funding and pricing plan and tariff list made publicly available by the chief executive or the board of a regulated water services provider under any legislation dealing with water services.
2: In carrying out a review, the Commission must consider the following:
a: any charging principles set out in any legislation dealing with water services:
b: regulations made under any legislation dealing with water services, to the extent the Commission considers the regulations to be relevant:
c: requirements in determinations made by the Commission under this Part, to the extent the Commission considers them to be relevant.
3: The Commission must complete its review and give directions under section 49
4: The Commission may on its own initiative carry out further reviews of any funding and pricing plan or tariff list and give new or amended directions (if any) under section 49
5: This section and section 49 Schedule 1
49: Commission may give directions
If the Commission considers that a funding and pricing plan or tariff list is inconsistent with any of the things described in section 48(2)
a: reconsider the plan or tariff list (as the case may be):
b: change the plan or tariff list (as the case may be), according to the Commission’s directions.
50: Obligations of boards of regulated water services providers in response to direction from Commission
A board of a regulated water services provider that receives a direction from the Commission under section 49
8: Designations of water services entities following review
51: Overview of subpart
1: This subpart—
a: establishes a process under which water services entities that are not statutory water services entities may become subject to regulation under this Part (specifically, by being designated under section 52
b: enables the level of regulation applying to an entity designated in that way to be adjusted to increase or decrease the requirements that apply to the entity by amending or revoking the relevant designation order under section 56
2: In each case, the process for making, amending, or revoking a designation order requires a review to be carried out by the Commission under subpart 3
3: This section is intended only as a guide to the general scheme and effect of this subpart.
52: Designation of water services entities by Order in Council
1: The Governor-General may, on the recommendation of the Minister, make an Order in Council declaring a water services entity that is not a statutory water services entity to be designated for the purposes of this Part.
2: A designation order is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
53: Minister’s recommendation
1: The Minister may recommend to the Governor-General that a water services entity be designated for the purposes of this Part only if—
a: the Minister has received and considered a recommendation from the Commission following a review carried out under section 143 145
b: the Minister is satisfied that the purpose of this Part ( see section 12
2: See also section 144
54: Content of designation
A designation order must specify all of the following:
a: the water services entity that is designated:
b: at least 1 person that is an operator of the water services entity:
c: the type of regulation under this Part that will apply in respect of the water services entity (being 1 or more of information disclosure, quality, and price-quality regulation):
d: the services provided by the water services entity to which the regulation will apply:
e: when any input methodologies apply:
f: when the relevant type of regulation will apply.
55: Duration of designation
1: A designation order continues in force until the date on which the order is revoked or replaced, whichever occurs first.
2: If a water services entity ceases to be designated for the purposes of this Part, any of the following that apply to the entity cease to apply to the entity:
a: a section 15
b: an input methodology:
c: a requirement under any of subparts 4 to 6
d: a direction given under section 49
56: Amendment and revocation of designation
1: A designation order may be amended or revoked using the process in sections 52 to 54
2: However, section 53
3: To avoid doubt, an amendment to a designation order may be directed at (without limitation)—
a: imposing additional regulation under this Part on an entity to which the designation relates in respect of 1 or more water infrastructure services ( see section 144(1)(c)
b: excluding an entity to which the designation relates (or 1 or more water infrastructure services) from 1 or more types of regulation under this Part ( see section 146(1)(b)
3: Consumer protection
1: General
57: Overview of this Part
1: In this Part,—
a: this subpart contains general provisions and defines terms used in this Part:
b: subpart 2
c: subpart 3
d: subpart 4
i: requires each regulated water services provider or drinking water supplier to establish a consumer complaints process; and
ii: establishes a consumer dispute resolution service.
2: This section is intended only as a guide to the general scheme and effect of this Part.
58: Purpose of this Part
The purpose of this Part is to provide for consumer protection, and improvements in the quality of service provided to consumers to reflect consumer demands, by regulated water services providers and drinking water suppliers.
59: Interpretation
In this Part, unless the context otherwise requires,— consumer dispute resolution service service
a: the dispute resolution service authorised under section 73 Schedule 2
b: if, at the same time, 2 or more consumer dispute resolution services are approved services, each consumer dispute resolution service or the particular consumer dispute resolution service in question, as the case requires regulated water services provider
a: means—
i: a statutory water services entity; and
ii: a water services entity that is designated under section 61
iii: a successor to a person referred to in subparagraph (i) or (ii)
b: includes either of the following, which must be treated as part of the entity referred to in paragraph (a)(i), (ii), or (iii)
i: a subsidiary of a person referred to in paragraph (a)(i), (ii), or (iii)
ii: a person that is an interconnected body corporate in relation to a person referred to in paragraph (a)(i), (ii), or (iii) service provider
a: the person who operates the consumer dispute resolution service; and
b: if, at the same time, 2 or more consumer dispute resolution services are approved services, the person who operates each consumer dispute resolution service or the particular consumer dispute resolution service in question, as the case requires water services consumer protection requirements
a: the service quality code:
b: the consumer complaints process established by section 70
c: the consumer dispute resolution service.
2: Designations of water services entities following review
60: Overview of subpart
1: This subpart—
a: establishes a process under which water services entities that are not statutory water services entities may become subject to regulation under this Part (specifically, by being designated under section 61
b: enables the level of regulation applying to an entity designated in that way to be adjusted to increase or decrease their obligations to comply with requirements or provisions in this Part by amending or revoking the relevant designation order under section 65
2: In each case, the process for making, amending, or revoking a designation order requires a review to be carried out by the Commission under subpart 3
3: This section is intended only as a guide to the general scheme and effect of this subpart.
61: Designation of water services entities by Order in Council
1: The Governor-General may, on the recommendation of the Minister, make an Order in Council declaring a water services entity that is not a statutory water services entity to be designated for the purposes of this Part.
2: A designation order made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
62: Minister’s recommendation
1: The Minister may recommend to the Governor-General that a water services entity be designated for the purposes of this Part only if—
a: the Minister has received and considered a recommendation from the Commission following a review carried out under section 151 153
b: the Minister is satisfied that the purpose of this Part would be better met if the designation were made.
2: See also section 152
63: Content of designation order
A designation order must specify all of the following:
a: the water services entity that is designated:
b: at least 1 person that is an operator of the water services entity:
c: the water services consumer protection requirements that will apply in respect of the water services entity:
d: the services provided by the water services entity to which those water services consumer protection requirements will apply:
e: when the water services consumer protection requirements will apply to the water services entity.
64: Duration of designation order
1: A designation order continues in force until the date on which the order is revoked or replaced, whichever occurs first.
2: If a water services entity ceases to be designated for the purposes of this Part, any requirements of this Part that apply to the entity (whether under the service quality code or otherwise) cease to apply to the entity.
65: Amendment and revocation of designation order
1: A designation order may be amended or revoked using the process in sections 61 to 63
2: However, section 62
3: To avoid doubt, an amendment to a designation order may be directed at (without limitation)—
a: making an entity to which the designation relates subject to additional provisions or requirements of this Part in respect of 1 or more water infrastructure services ( see section 152(1)(b)
b: removing obligations on an entity to which the designation relates to comply with provisions or requirements of this Part in respect of 1 or more water infrastructure services ( see section 154(1)(a)
3: Service quality code
66: Commission must make service quality code
1: The Commission must, not later than 1 July 2027, make a service quality code in relation to the provision of 1 or more types of water infrastructure service by regulated water services providers.
2: The service quality code is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
67: Contents of Commission’s service quality code
1: The service quality code must—
a: specify which water infrastructure services it applies to; and
b: specify which regulated water services providers it applies to; and
c: specify a penalty rate for unpaid debt owed to regulated water services providers by consumers, or a method of calculating the penalty due, or both, for the purposes of section 330(1) of the Water Services Entities Act 2022
d: promote the purpose of this Part set out in section 58
2: The service quality code may (without limitation) do 1 or more of the following:
a: specify a consumer’s rights when they make a complaint to a regulated water services provider:
b: specify the type and frequency of communications that a regulated water services provider must have with consumers about—
i: outages; and
ii: the time taken to respond to outages and faults:
c: contain rules about the transparency of billing practices, and the way in which account queries must be responded to:
d: set out the types of redress available to consumers when the quality of service does not meet appropriate standards (for example, in relation to pressure flow rates):
e: specify conditions for the provision of water infrastructure services to consumers experiencing hardship or who have other vulnerabilities (for example, the obligations of regulated water services providers when responding to non-payment by consumers):
f: specify requirements for consulting consumers:
g: provide for any other matter that the Commission considers appropriate.
68: Regulated water services providers must comply with service quality code
Regulated water services providers must comply with the provisions of the service quality code.
69: Process for making or amending service quality code
1: In order to make the service quality code, the Commission must—
a: give public notice of the process that will be followed to make the code; and
b: consult interested persons; and
c: give public notice of a draft code.
2: A person is entitled to make a submission to the Commission not later than 30 working days after the date on which public notice of the draft code is given.
3: The Commission must—
a: take reasonable steps to identify classes of vulnerable consumers; and
b: consider the impact of the provision of water services on vulnerable consumers and take the interests of those persons into account when making the service quality code.
4: The Commission may make the code only if the Commission is satisfied that the draft code meets all the requirements set out in this subpart.
5: The Commission may amend or revoke and replace a code if the Commission considers that the code should be changed to better promote the purpose of this Part.
6: The same procedure that applies to making a code in subsections (1) to (4) subsections (1) to (4)
4: Consumer complaints process and consumer dispute resolution service
Consumer complaints process
70: Requirement for regulated water services provider and drinking water suppliers to provide information to consumers and have complaints process
1: A regulated water services provider or drinking water supplier must, in accordance with regulations (if any) that apply to the provider or supplier,—
a: provide any prescribed information to consumers; and
b: establish, maintain, and administer a consumer complaints process; and
c: report annually to the Commission on its consumer complaints process.
2: A regulated water services provider or drinking water supplier must ensure that complaints by consumers are dealt with—
a: in accordance with its consumer complaints process; and
b: in an efficient and effective manner.
3: Regulations referred to in this section may make different provisions for—
a: different kinds of regulated water services providers or drinking water suppliers; and
b: different classes of water infrastructure services. 2021 No 36 s 38
71: Review of complaint outcome using consumer dispute resolution service
1: A consumer who is not satisfied with the outcome of a complaint dealt with using a consumer complaints process under this subpart may, in the form approved by the service provider, request the service provider for the consumer dispute resolution service to provide dispute resolution services.
2: The service provider may, at its discretion, decide to take no action or, as the case may require, no further action on any complaint if the provider is satisfied on reasonable grounds that—
a: the length of time that has elapsed between the date when the subject matter of the complaint arose and the date when the complaint was made is such that an investigation of the complaint is no longer practicable or desirable; or
b: the complaint is trivial, frivolous, or vexatious, or is not made in good faith; or
c: the person alleged to be aggrieved does not want action to be taken or, as the case may be, continued; or
d: the complainant does not have sufficient personal interest in the subject matter of the complaint and is not a person or organisation representing consumers; or
e: the complaint would be more appropriately dealt with by a court, a tribunal, or another appropriate authority; or
f: adequate steps have been taken by the regulated water services provider or drinking water supplier to address the complaint, or the person who made the complaint has been adequately compensated for any loss (for example, by insurance). 2021 No 36 s 39
72: Commission must monitor compliance with complaints process
The Commission must—
a: monitor compliance by regulated water service providers and drinking water suppliers with section 70
b: in doing so, may have regard to the scale, complexity, and risk profile of a regulated water services provider or drinking water supplier. Consumer dispute resolution service
73: Consumer dispute resolution service
1: The consumer dispute resolution service for the resolution of disputes is the dispute resolution service—
a: that is authorised under this section and approved by the Minister under Schedule 2
b: that the Minister declares under that schedule to be the dispute resolution service for the purpose of this Part or a dispute resolution service authorised under subsection (3)(a), (b), or (c) Schedule 2
c: whose provider is approved by the Minister.
2: There must only be 1 consumer dispute resolution service for all of New Zealand unless subsection (3)
3: There may be 2 or more approved consumer dispute resolution services, at any one time, if 1 or more of the following apply:
a: the Minister has reasonable grounds to believe that having only 1 approved dispute resolution service would operate to the disadvantage of consumers:
b: following a review of the dispute resolution service by the Commission, the Minister determines that having 2 or more approved dispute resolution services is appropriate:
c: the Minister approves the continuation of a dispute resolution service, after another dispute resolution service is approved to act in its place, until the successor dispute resolution service is fully operational.
4: Before approving a dispute resolution service under Schedule 2
a: the Minister responsible for Taumata Arowai:
b: the Minister responsible for the administration of the Water Services Act 2021 paragraph (a)
c: the Commission.
74: Determinations binding on regulated water services providers and drinking water suppliers
1: This section applies if a dispute arising from an unresolved complaint is referred by a consumer to the consumer dispute resolution service and a determination is made on the dispute under the rules of the service.
2: The determination is binding on the relevant regulated water services provider or drinking water supplier, as the case requires, unless the consumer, regulated water services provider, or drinking water supplier lodges an application under section 75 2001 No 103 s 242
75: Applications to set aside determinations
1: A consumer or a regulated water services provider or a drinking water supplier may, within the time allowed under section 76(1) section 74
2: The court may modify or reverse the determination that is the subject of the application if the court is satisfied that the terms of the determination are manifestly unreasonable but otherwise must confirm the determination.
3: The decision of the court on the application is binding on all persons named as parties in the determination, and there is no right of appeal against the court’s decision. 2001 No 103 s 243 2021 No 36 s 93
76: Procedure on section 75 applications
1: An application under section 75
a: the application must be brought within 20 working days after the determination is notified to the party wanting to lodge the application, or any further time the court allows on a further application made before or after that period ends; and
b: the maker of the determination that is the subject of the application (if a person engaged by the service provider) is not entitled to be represented in connection with the application; and
c: the court may not refer the determination back to the service provider of the consumer dispute resolution service for any purpose.
2: The court may hear all evidence provided and representations made by or on behalf of any party to the application that the court considers relevant to the application, whether or not the evidence would otherwise be admissible in a court. 2001 No 103 s 244
77: Enforcement of binding settlements and determinations
1: Each party to a dispute that is referred to the consumer dispute resolution service must comply with the rules of the service.
2: On an application by the service provider, the court may require a person who is a party to a dispute to do either of the following:
a: comply with the rules of the service:
b: comply with the terms of a binding settlement or determination made under the rules of the service.
3: If the court is satisfied that the terms of a binding settlement are manifestly unreasonable, the court’s order under subsection (2)(b)
4: If an order requiring a regulated water services provider, drinking water supplier, or other person to comply with a binding settlement includes a requirement that the person pay an amount of money to a person, that order (or part of the order) may be enforced as if it were a judgment by the court for the payment of a sum of money. 2001 No 103 s 245 Commission review of consumer dispute resolution service
78: Commission must review consumer dispute resolution service
The Commission must review the consumer dispute resolution service, using the process and in accordance with the timetable set out in Schedule 2
79: Compliance statement may be required for purposes of provision of this Part or Schedule 2
For the purpose of monitoring compliance with a provision of this Part or Schedule 2 sections 292 to 296 and 299 of the Water Services Entities Act 2022 section 98
a: a written statement of whether the provider or supplier has complied with the provision:
b: a report on the written statement that is signed by an auditor in accordance with any form specified by the Commission:
c: sufficient information to enable the Commission to properly determine whether the provision has been complied with:
d: a certificate in the form specified by the Commission, and signed by at least 1 board member of the regulated water services provider or drinking water supplier or, if there is no board, the person who operates the provider or supplier, confirming the truth and accuracy of any information provided under this section.
80: Commission may give direction to comply with timetables and development codes
The Commission may direct—
a: a regulated water services provider to comply with the service quality code:
b: the board of a statutory water services entity to—
i: if the Commission considers that Part 1 Part 2
ii: comply with its own development code (as prepared and approved under sections 292 to 296 and 299 of the Water Services Entities Act 2022 Miscellaneous matters
81: Duties of service provider, regulated water services providers, and drinking water suppliers
1: If, in the course of dealing with any complaint or while dispute resolution services are being provided, the service provider becomes aware that—
a: there is or may be a serious risk to public health arising from the provision of or omission to provide water infrastructure services, the service provider must promptly notify the matter to Taumata Arowai and the relevant medical officer of health:
b: a regulated water services provider or drinking water supplier is facing a significant problem or potential problem (within the meaning of section 179
2: The service provider, regulated water services providers, and drinking water suppliers must share with the Commission and Taumata Arowai information about issues, trends, and patterns arising out of consumer complaints.
4: Enforcement, monitoring, and appeals
1: Civil liability
82: Overview of civil liability
1: The following remedies ( civil liability remedies
a: a pecuniary penalty order (on application by the Commission only):
b: a compensatory order:
c: an injunction.
2: This section is a guide only to the general scheme and effect of this subpart. Pecuniary penalty orders
83: When court may make pecuniary penalty order
1: The court may, on the application of the Commission, order a person to pay to the Crown a pecuniary penalty if the court is satisfied that the person has—
a: contravened an information disclosure requirement; or
b: contravened a quality or price-quality requirement; or
c: contravened the service quality code made under section 66
d: contravened section 50
e: contravened a development code:
f: attempted to contravene any of the things referred to in paragraphs (a) to (e)
g: been involved in a contravention of any of the things referred to in paragraphs (a) to (e)
2: For the purposes of this Part,— contravening a quality or price-quality requirement
a: refers to a requirement imposed by a section 15 Part 2
b: means any or all of the following:
i: failing to comply with the requirements for prices, whether by charging a price for the water infrastructure services that is higher than the maximum permitted, or by receiving more revenue than is permitted, or in any other way:
ii: refusing or failing to comply with any quality standards required under the quality or price-quality regulation:
iii: refusing or failing to comply with any incentives or performance requirements set out in a section 15 contravening an information disclosure requirement
a: failing to disclose information required to be disclosed:
b: failing to disclose information in the form or within the time required:
c: disclosing under an information disclosure requirement information that is false or misleading.
3: See section 126 1986 No 5 ss 80 87 2001 No 103 s 215
84: Maximum amount of pecuniary penalty
1: The maximum amount of a pecuniary penalty is—
a: $500,000, in the case of an individual; or
b: $5 million, in any other case.
2: Despite subsection (1)
a: a contravention of the service quality code under section 83(1)(c) section 83(1)(d)
b: an attempted contravention of the service quality code or a development code under section 83(1)(f)
c: involvement in the contravention of the service quality code or a development code under section 83(1)(g) 2001 No 103 s 215(3)
85: Considerations for court in determining pecuniary penalty
1: In determining the amount of a pecuniary penalty that a person ( A
a: the nature and extent of A’s conduct; and
b: the nature and extent of any loss or damage suffered by any person because of A’s conduct; and
c: any gains made or losses avoided by A; and
d: whether a person has paid an amount of compensation, reparation, or restitution, or taken other steps to avoid or mitigate any actual or potential adverse effects of A’s conduct; and
e: the circumstances in which A’s conduct took place; and
f: whether or not A has previously been found by a court in proceedings under this Act, or any other legislation, to have engaged in any similar conduct.
2: In this section, A’s conduct 2001 No 103 s 215
86: Court must order that recovery from pecuniary penalty be applied to Commission’s actual costs
If the court orders that a person pay a pecuniary penalty, the court must also order that the penalty must be applied first to pay the Commission’s actual costs in bringing the proceeding. 1988 No 234 s 42Z 2013 No 69 s 493 Compensatory orders
87: When court may make compensatory orders
1: If the court orders a person to pay a pecuniary penalty order under section 83 aggrieved person
2: An application for an order under this section may be made by the Commission or any aggrieved person.
3: The court may make a compensatory order whether or not the aggrieved person is a party to the proceeding.
4: In this section, specified matter
a: a contravention, an attempted contravention, or involvement in the contravention of a quality or price-quality requirement:
b: a contravention of the service quality code:
c: a contravention of a development code. 1986 No 5 s 87A
88: Terms of compensatory orders
1: If section 87
2: An order may include an order to direct a relevant person to pay to the aggrieved person the amount of the loss or damage (in whole or in part).
3: Subsection (2) subsection (1)
4: In this section, relevant person
a: any person in contravention; or
b: any person involved ( see section 126 2013 No 69 s 495 Injunctions
89: Court may grant injunctions
The court may, on application by the Commission or any other person, grant an injunction—
a: restraining a person from engaging in conduct that constitutes or would constitute a contravention, an attempted contravention, or involvement ( see section 126 section 50
b: requiring a person to do an act or a thing if—
i: that person has refused or failed, is refusing or failing, or is proposing to refuse or fail to do that act or thing; and
ii: the refusal or failure was, is, or would be a contravention of a quality or price-quality requirement, an information disclosure requirement, the service quality code, section 50 2013 No 69 s 480
90: When court may grant restraining injunctions
1: The court may grant an injunction restraining a person from engaging in conduct described in section 89(a)
a: it is satisfied that the person has engaged in conduct of that kind; or
b: it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind.
2: The court may grant an interim injunction restraining a person from engaging in conduct of a particular kind if in its opinion it is desirable to do so.
3: Subsections (1)(a) and (2)
4: Subsections (1)(b) and (2)
a: the person has previously engaged in conduct of that kind; or
b: there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.
5: In determining whether to grant an interim injunction under this section, the court must give any weight that the court considers appropriate to the interest of consumers.
6: In any proceedings under this section, the Commission, on the order of the court, may obtain discovery and administer interrogatories.
7: The court may at any time rescind or vary an injunction granted under this Act. 1986 No 5 s 88 2013 No 69 s 481 2022 No 21 s 48
91: Commission’s undertaking as to damages not required
1: If the Commission applies to the court for the grant of an interim injunction under this subpart, the court must not, as a condition of granting an interim injunction, require the Commission to give an undertaking as to damages.
2: In determining the Commission’s application for the grant of an interim injunction, the court must not take into account that the Commission is not required to give an undertaking as to damages. 1986 No 5 s 88A 2013 No 69 s 482 2022 No 21 s 50 Orders about information disclosure
92: Order requiring information disclosure requirement to be complied with
1: The court may, on application by the Commission, order a regulated water services provider to comply with an information disclosure requirement that applies to the provider.
2: An order under this section must specify the date by which, or period within which, the provider must comply with the requirement. Rules of procedure
93: Rules of civil procedure and civil standard of proof apply
A proceeding under this subpart is a civil proceeding and the usual rules of court and rules of evidence and procedure for civil proceedings apply (including the standard of proof).
94: Limit on proceedings
1: A proceeding under this subpart must be commenced within 3 years after the matter giving rise to the contravention, attempted contravention, or involvement in the contravention was discovered or ought reasonably to have been discovered.
2: However, an application for compensation under section 87
3: No proceeding under this subpart may be commenced 10 years or more after the matter giving rise to the contravention, attempted contravention, or involvement in the contravention occurred.
4: See section 126 Relationship between proceedings and orders
95: More than 1 civil liability remedy may be given for same conduct
The court may grant a civil liability remedy of one kind against a person even though the court has granted another civil liability remedy of a different kind against the person for the same conduct. Example
The court may make a compensatory order and a pecuniary penalty order for the same conduct.
96: Only 1 pecuniary penalty order may be made for same conduct
1: If conduct by a person constitutes a contravention, an attempted contravention, or an involvement in the contravention of 2 or more provisions, a proceeding may be brought against that person for the contravention, attempted contravention, or involvement in the contravention of any 1 or more of the provisions, but no person is liable to more than 1 pecuniary penalty order for the same conduct.
2: See section 126
97: No pecuniary penalty and criminal penalty for same conduct
A person cannot be ordered to pay a pecuniary penalty and be liable for a fine or to imprisonment under this Act or any other Act for the same conduct.
2: Offences
98: Offences relating to information disclosure regulation
1: A person commits an offence if—
a: the person, knowing that water infrastructure services are subject to information disclosure regulation, intentionally contravenes any information disclosure requirement relating to those services; or
b: the person is subject to an order under section 89 92
2: A person who commits an offence under subsection (1) 1986 No 5 s 86B
99: Offence relating to quality regulation
1: A person commits an offence if—
a: the person, knowing that water infrastructure services are subject to quality regulation, intentionally contravenes a quality requirement in respect of the supply of the services; or
b: the person is subject to an order under section 89
2: A person who commits an offence under subsection (1) 1986 No 5 s 87B
100: Offence relating to price-quality regulation
1: A person commits an offence if—
a: the person, knowing that water infrastructure services are subject to price-quality regulation, intentionally contravenes a price-quality requirement in respect of the services; or
b: the person is subject to an order under section 89
2: A person who commits an offence under subsection (1) 1986 No 5 s 87B
101: Offence relating to direction of Commission
1: A person commits an offence if the person fails to comply with section 50 80
2: A person who commits an offence under subsection (1)
102: Offence relating to service quality code
1: A person commits an offence if—
a: the person, knowing that particular water infrastructure services are subject to the service quality code, intentionally contravenes a code requirement in respect of the services; or
b: the person is subject to an order under section 89
2: A person who commits an offence under subsection (1) 1986 No 5 s 87B
103: Offence relating to failure to provide information to consumers or to have and report on complaints process
1: A regulated water services provider or drinking water supplier commits an offence against this section if the provider or supplier fails to,—
a: in accordance with any regulations that apply to the provider or supplier,—
i: comply with the duty under section 70(1)(a)
ii: comply with the duty under section 70(1)(b)
iii: comply with the duty under section 70(1)(c)
b: comply with the duty under section 70(2)
2: A regulated water services provider or drinking water supplier who commits an offence against subsection (1)
a: for an individual, to a fine not exceeding $10,000:
b: for a body corporate or an unincorporated body, to a fine not exceeding $200,000.
104: Offence relating to failure to comply with development code, etc
1: A person commits an offence if—
a: the person, knowing that particular water connection or disconnection services are subject to a development code, intentionally contravenes a code requirement in respect of these services; or
b: the person is subject to an order under section 89
2: A person who commits an offence under subsection (1)
3: Additional remedies and penalties relating to Part 3
105: Overview of this subpart
This subpart sets out orders that may be made specifically for breaches of Part 3 Part 3 Part 3 Additional remedies in relation to failure to comply with service quality code or development code
106: Order to disclose information or publish advertisement
1: The court may make either or both of the following orders if the court is satisfied, on the application of the Commission, that a person has failed without reasonable excuse to comply with the service quality code or a development code:
a: an order requiring that person, or any other person involved in the failure to comply, to disclose to the public, or to a particular person or class of persons, the information or class of information that is specified in the order, being information that is in the possession of the person to whom the order is directed or to which that person has access:
b: an order requiring that person, or any other person involved in the failure to comply, to publish corrective statements the terms of which are specified in, or are to be determined in accordance with, the order.
2: The information must be disclosed or published—
a: in the manner and at the times that are specified in the order; and
b: at the person’s own expense.
3: The court may hear and determine an application in conjunction with any other proceedings under this Part.
4: See section 126 2001 No 103 s 156MA
107: General orders for failure to comply with service quality code or development code
1: The court may make 1 or more of the following orders if the court is satisfied, on the application of the Commission, that a person ( person X
a: an order directing person X to refund money or return property to any other person:
b: an order directing person X to pay to any other person the amount of any loss or damage caused to that other person by the conduct of person X:
c: an order directing person X, at person X’s own expense, to supply a service to any other person:
d: an order declaring all or part of a contract made between person X and any other person, or a collateral arrangement relating to such a contract,—
i: to be void; and
ii: if the court thinks fit, to have been void at all times on and after a date specified in the order, which may be before the date on which the order is made:
e: an order in respect of a contract made between person X and any other person, or a collateral arrangement relating to such a contract,—
i: varying the contract or the arrangement in the manner specified in the order; and
ii: if the court thinks fit, declaring the varied contract or arrangement to have had effect on and after a date specified in the order, which may be before the date on which the order is made.
2: The court may hear and determine an application under subsection (1) 2001 No 103 s 156MB
108: Other order for failure to comply with service quality code or development code
1: The court may, if the court is satisfied, on the application of the Commission or a consumer, that a person has failed without reasonable excuse to comply with the service quality code or a development code, make an order directing the person, at the person’s own expense, to supply a service to a consumer.
2: The court may hear and determine an application under subsection (1) 2001 No 103 s 156MC
109: Certain provisions of subpart 1 apply in respect of proceedings under subpart 3
1: The provisions of sections 93 97
2: For the purposes of this Act, the remedies set out in sections 106 to 108 Infringement offences
110: Interpretation
In sections 111 to 119 enforcement officer
a: suitably qualified and trained; and
b: designated by the chief executive as an enforcement officer for the purposes of this Act infringement fee infringement offence Part 3
111: Infringement offences
1: A person who is alleged to have committed an infringement offence may—
a: be proceeded against by the filing of a charging document under section 14
b: be issued with an infringement notice under section 113
2: Proceedings commenced in the way described in subsection (1)(a) section 21(1)(a)
3: See section 21
112: Who may issue infringement notices
The Commission may issue infringement notices under this Act.
113: When infringement notice may be issued
The Commission may issue an infringement notice to a person if the Commission believes on reasonable grounds that the person is committing, or has committed, an infringement offence.
114: Revocation of infringement notice before payment made
1: The Commission may revoke an infringement notice before—
a: the infringement fee is paid; or
b: an order for payment of a fine is made or deemed to be made by a court under section 21
2: The Commission must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.
3: The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 111(1)(a) or (b)
115: What infringement notice must contain
An infringement notice must be in the form prescribed in the regulations and must contain the following particulars:
a: details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the address of the place where the infringement notice may be paid:
d: how the infringement fee may be paid:
e: the time period within which the infringement fee must be paid:
f: a summary of the provisions of section 21(10)
g: a statement that the person served with the notice has a right to request a hearing:
h: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
i: any other matters prescribed in the regulations.
116: How infringement notice may be issued to person
1: An infringement notice may be issued to a person who the Commission believes is committing or has committed the infringement offence by—
a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
c: leaving it for the person at the person’s place of business or work with another person; or
d: sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
e: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.
2: Unless the contrary is shown,—
a: an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1)
b: an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the chief executive of the Commission or an enforcement officer engaged by the Commission.
117: Payment of infringement fees
All infringement fees paid for infringement offences must be paid into a Crown Bank Account.
118: Reminder notices
A reminder notice must be in the form prescribed in the regulations and must include the same particulars, or substantially the same particulars, as the infringement notice.
119: Relationship between infringement offences and other offences
A person may be prosecuted or convicted of any offence referred to in this Act (rather than proceeding under sections 111 to 118
4: Appeals
120: Appeals against Commission determinations
1: A regulated water services provider, a consumer of water infrastructure services to which the determination relates, or a representative of such a consumer, may appeal to the court under this subsection against any determination of the Commission under this Act, other than the following:
a: a section 15 section 15
b: an input methodology determination under subpart 3 Part 2 section 121
2: A person may appeal to the court under this subsection on a question of law against any determination of the Commission under this Act (including a determination referred to in subsection (1) section 121
3: An appeal under this section must be made by giving notice of appeal within 20 working days after the date of the determination appealed against or within any further time that the court may allow.
4: Sections 77 93 to 97
5: To avoid doubt, a recommendation to the Minister by the Commission is not a determination for the purposes of this section.
6: In this section, input methodology determination section 121(2) 2001 No 103 s 224
121: Appeals against input methodology determinations
1: Any person who gave views on an input methodology determination to the Commission as part of the process under section 27
2: In this section, input methodology determination
a: the initial determination of an input methodology:
b: any determination by the Commission that amends or revokes an input methodology:
c: any determination by the Commission of an input methodology after a review of the input methodology.
3: In determining an appeal against an input methodology determination, the court may do any of the following:
a: decline the appeal and confirm the input methodology, or the amendment or revocation of the input methodology, set out in the determination:
b: allow the appeal by—
i: amending the input methodology; or
ii: revoking the input methodology and substituting a new one; or
iii: referring the input methodology determination back to the Commission with directions as to the particular matters that require amendment; or
iv: if the revocation of an input methodology is not confirmed, confirming that the input methodology still applies.
4: The court may exercise its powers under subsection (3)(b) subsection (3)(b)(iii) Part 2 section 23
5: If the court allows an appeal, the Commission may seek clarification from the court on any matter for the purpose of implementing the court’s decision.
6: There is a right of appeal under section 97 2001 No 103 s 183
122: Process for appeals
1: An appeal under section 121(1)
2: The appeal must be by way of rehearing and must be conducted solely on the basis of the documentary information and views that were before the Commission when it made its determination, and no party may introduce any new material during the appeal.
3: The High Court must sit with 2 lay members (unless the court considers that only 1 is required).
4: Each of the lay members must have relevant experience and be appointed from the pool of people appointed under section 77
5: Section 77 section 77(14) subsection (3) 2001 No 103 s 184
123: Input methodology applies pending outcome of appeal
1: The court may not stay the application of section 25
2: Section 25 2001 No 103 s 185
5: Miscellaneous provisions relating to enforcement
124: Jurisdiction of High Court
1: The High Court may hear and determine the following matters:
a: proceedings for the recovery of pecuniary penalties under section 83
b: applications for orders under any of sections 87 92 106 107 108
c: applications for injunctions under section 89
d: appeals under section 120 121
e: appeals arising from any proceeding in the District Court under this Part.
2: Section 75
3: The provisions of the Criminal Procedure Act 2011 1986 No 5 s 75
125: Jurisdiction of District Court
1: The District Court may hear and determine—
a: applications for orders, or for a court to exercise any other power, under a provision of Part 3 Schedule 2
b: proceedings for an offence against any provision of subpart 2 section 111
2: Section 76
3: The provisions of the Criminal Procedure Act 2011
126: Involvement in contravention
In this Act, a person is involved in a contravention
a: has aided, abetted, counselled, or procured the contravention; or
b: has induced the contravention, or attempted to induce it, whether by threats or promises or otherwise; or
c: has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or
d: has conspired with others to effect the contravention.
127: Illegal contracts provisions do not apply
1: Subpart 5
a: is entered into in contravention of a civil liability provision; or
b: contains a particular provision that if given effect to would contravene a civil liability provision or would result in a person contravening a civil liability provision.
2: In this section, civil liability provision 1986 No 5 s 89(5)
128: Enforceability of other provisions not affected
1: This section applies if a contract—
a: is entered into in contravention of a civil liability provision by reason that the contract contains a particular provision; or
b: contains a particular provision that if given effect to would contravene a civil liability provision or would result in a person contravening a civil liability provision.
2: Despite any legislation or rule of law, the existence of the particular provision does not affect the enforceability of any other provision of the contract.
3: In this section, civil liability provision 1986 No 5 s 89(6)
5: Miscellaneous
1: Water Services Commissioner
Water Services Commissioner
129: Appointment of Water Services Commissioner
1: There must be a Water Services Commissioner.
2: The Water Services Commissioner must be appointed by the Governor-General on the recommendation of the responsible Minister.
3: The appointment must be made by written notice to the appointee.
4: The responsible Minister must ensure that the following are notified in the Gazette
a: the name of the appointee; and
b: the date on which the appointment takes effect; and
c: the term of the appointment.
5: In this section and section 130 responsible Minister section 10(1) 2004 No 115 s 28
130: Minister’s recommendation
1: The responsible Minister may only recommend that a person be appointed as the Water Services Commissioner if—
a: the person is or will be a member of the Commission ( see section 9
b: in the opinion of the responsible Minister, the person is qualified for appointment, having regard to the functions and powers of the Commission under this Act and any other legislation.
2: For the purposes of subsection (1)(b), a person is qualified for appointment
a: the water services industry; or
b: any other industry, commerce, economics, law, accountancy, public administration, or consumer affairs, or te Tiriti o Waitangi/the Treaty of Waitangi and its principles, and perspectives of Māori and tikanga Māori. 2001 No 103 s 9(4), (5)
131: Further provisions relating to Water Services Commissioner
1: A person may only be removed from office as the Water Services Commissioner for just cause (within the meaning of section 40
2: If a person is removed under subsection (1), they are also removed from office as a member of the Commission as if they had been removed under section 13(1) section 39
3: If a person’s term of office as the Water Services Commissioner expires or the person resigns from that office, the person—
a: may continue to act as if they were the Water Services Commissioner for the purpose of completing the determination of any matter before that person, as the Water Services Commissioner, that commenced before the term of office expired or the resignation took effect; and
b: must be treated as if they were the Water Services Commissioner for that purpose.
4: In other respects, the following provisions of the Crown Entities Act 2004
a: section 34
b: section 35
c: clause 2
d: clause 3
e: clause 4(2) and (3) 1986 No 5 ss 12(2), (3) 13(4)
132: Who performs or exercises functions, duties, and powers of Commission
1: The functions, duties, and powers of the Commission under this Act must be performed or exercised by—
a: the Water Services Commissioner alone; or
b: if the Water Services Commissioner requests and the chairperson of the Commission agrees, by the Water Services Commissioner with 2 or more other members of the Commission.
2: However, if, in the opinion of the Water Services Commissioner, the function, duty, or power is any of the following, it must be performed or exercised by the Water Services Commissioner with 2 or more other members of the Commission:
a: making every determination in respect of information disclosure regulation, quality regulation, and price-quality regulation under Part 2
b: making a determination in respect of input methodologies under Part 2
c: making a recommendation to the Minister under subpart 3
d: making the service quality code under section 66 section 69
e: approving each development code prepared under sections 292 to 296 and 299
3: The quorum requirement in section 15(4) 2001 No 103 s 10(1)(a), (c)
133: Further provisions relating to when Water Services Commissioner acts with 2 or more other members
1: This section applies if, under section 132
2: The chairperson of the Commission must determine which other members must perform or exercise that function, duty, or power with the Water Services Commissioner.
3: In addition to their general vote, the Water Services Commissioner has, in the case of an equality of votes, a casting vote (and clause 12(2) 2001 No 103 s 10(1)(ab), (3) 2004 No 115 Schedule 5 cl 12(2)
134: Alternate member to act instead of Water Services Commissioner in certain circumstances
1: This section applies if—
a: there is no Water Services Commissioner; or
b: the Water Services Commissioner is for any reason unable to perform or exercise a function, duty, or power that they would otherwise have performed or exercised under this Act.
2: That function, duty, or power must be performed or exercised by a member of the Commission who is appointed by the chairperson of the Commission for that purpose.
3: Every reference in this Act to the Water Services Commissioner must, unless the context otherwise requires, be read as a reference to that member. 2001 No 103 s 10(2)
135: Ability to delegate
1: The consent of both the Water Services Commissioner and the chairperson of the Commission must be obtained before a delegation, under section 73 section 132(2)
2: The consent of the Water Services Commissioner must be obtained before a delegation, under section 73
2: Application of Commerce Act 1986
136: Application of Part 6 of Commerce Act 1986 (enforcement, remedies, and appeals)
The following provisions of the Commerce Act 1986
a: section 74A
b: section 74B
c: section 74C
d: section 77
e: section 79
f: section 90
g: sections 91 to 97
137: Application of Part 7 of Commerce Act 1986 (miscellaneous provisions)
1: The following provisions of the Commerce Act 1986 Powers relating to evidence
a: section 98
b: section 98A Part 4
c: section 98G
d: section 99 Assistance to overseas regulators
e: sections 99B to 99P
i: references to an overseas regulator were references to an overseas body that has functions in relation to a water services industry corresponding to those of the Commission under this Act; and
ii: references to competition law were references to a water services industry: Offence, regulations, and administrative provisions
f: section 100
g: section 100A
h: section 101
i: section 102
j: section 103
k: section 104
l: section 106
m: section 106A
n: section 109
2: For the purposes of subsection (1)(j) sections 31 34(1)(c) 39(2) 42(2) 79 138 section 103(1)(a)
138: Additional monitoring and investigation powers based on subpart 8 of Part 4 of Commerce Act 1986
1: For the purpose of carrying out its functions and exercising its powers under Parts 2 3 section 98
a: consult any person the Commission considers may assist it:
b: investigate any of the following:
i: how effectively and efficiently a regulated water services provider is supplying water infrastructure services:
ii: how any direction being considered by the Commission may be applied, or how any direction has been applied, in considering directions:
iii: how any formula, methodology, quality path, or price-quality path being considered by the Commission may be applied, or how any formula, methodology, quality path, or price-quality path determined or authorised by the Commission has been applied, in considering proposed prices or quality standards or incentives for a regulated water services provider to maintain or improve its quality of supply or performance requirements:
iv: how any conditions relating to the quality of the water infrastructure services may be, or are being, fulfilled:
c: examine, consider, or investigate any activity, cost, revenue, transfer, asset valuation, circumstance, or event that is occurring or that has occurred during the previous 7 years:
d: by notice in writing, require any person—
i: to prepare and produce forecasts, forward plans, or other information; and
ii: to apply any methodology specified by the Commission in the preparation of forecasts, forward plans, or other information:
e: by notice in writing, require any person that the Commission has reason to believe may have information or documents relevant to an investigation, audit, or inquiry to do either or both of the following:
i: produce or supply to the Commission documents and information in relation to water infrastructure services or the prices or operations of the person in respect of water infrastructure services:
ii: answer any questions about any matter that the Commission has reason to believe may be relevant to the investigation, audit, or inquiry:
f: by notice in writing, require any subsidiary or interconnected body corporate of a regulated water services provider (including a subsidiary of more than 1 regulated water services provider) that the Commission has reason to believe may have information or documents relevant to an investigation, audit, or inquiry to do any of the following:
i: produce or supply to the Commission documents and information about—
A: all businesses (including those related to the supply of goods or services that are not subject to regulation under Part 2 3
B: the supply of goods and services (including goods or services that are not subject to regulation under Part 2 3
ii: answer any questions about any matter that the Commission has reason to believe may be relevant to the investigation, audit, or inquiry:
g: by notice in writing, require any person, at the time and place specified in the notice, to produce or supply to the Commission an expert opinion from an appropriately qualified person, or a member of a class of appropriately qualified persons, as determined by the Commission, in relation to the matters in paragraphs (b), (c), (d), (e)(i), and (f)(i).
2: In this section, direction section 49 subpart 3 4 1986 No 5 s 53ZD s 37
139: Powers of Commission under this Part
For the purposes of carrying out its functions and exercising its powers under this Act and the Commerce Act 1986 section 98 Commerce Act 1986
3: Reviews
Process
140: How review triggered
1: The Commission—
a: must carry out a review under this subpart if required to do so by the Minister; and
b: may carry out a review under this subpart on its own initiative.
2: Any requirement by the Minister must—
a: be in writing; and
b: specify the date by which the Commission must make a recommendation to the Minister.
141: Process requirements for Commission
1: At the start of a review, the Commission must give public notice of the review that—
a: outlines the process that will be followed; and
b: sets out the proposed time frames.
2: The Commission must make 1 or more recommendations to the Minister after carrying out a review.
3: Before making a recommendation to the Minister, the Commission must consult interested persons about each proposed recommendation (including the Commission’s reasons for proposing to make the recommendation).
4: For the purposes of a review carried out under section 151 153 Part 3
5: The Commission must make a recommendation publicly available as soon as practicable after making it, along with a statement of its reasons for making the recommendation.
6: To avoid doubt, a recommendation made by the Commission is not a determination of the Commission.
7: In carrying out a review and making a recommendation under this subpart, the Commission may, without limitation, describe—
a: a water services entity, regulated water services provider, or drinking water supplier under review with reference to any 1 or more of the following:
i: the geographic area in which the entity, provider, or supplier provides water infrastructure services or drinking water:
ii: the consumers of the water infrastructure services or drinking water provided by the entity, provider, or supplier:
iii: any other matter it considers appropriate; and
b: any service provided by a water services entity, regulated water services provider, or drinking water supplier under review with reference to any 1 or more of the following:
i: the geographic area in which the service is supplied:
ii: the consumers of the service:
iii: any other circumstances in which the service is supplied.
142: Minister’s decision
The Minister may, on receiving a recommendation from the Commission, do any 1 or more of the following:
a: accept the Commission’s recommendation (in whole or in part):
b: reject the Commission’s recommendation (in whole or in part):
c: request that the Commission reconsider any matter (such as an error, an oversight, or competing policy interests):
d: make any other decision that the Minister considers promotes the purpose of the relevant Part of this Act. Reviews relating to Part 2
143: Additional regulation reviews
1: In carrying out a review under this section, the Commission must consider the following:
a: whether the purpose of Part 2
i: 1 or more water services entities that are not subject to regulation under Part 2 unregulated water services entities Part 2
ii: 1 or more regulated water services providers were subject to additional regulation under Part 2
b: any other information that the Commission believes to be relevant.
2: If the Commission recommends to the Minister that 1 or more unregulated water services entities be subject to 1 or more types of regulation under Part 2 Part 2
a: describe each unregulated water services entity or regulated water services provider that is the subject of the recommendation; and
b: describe the water infrastructure services provided by the entity or provider that the Commission considers should be regulated under Part 2
c: specify the 1 or more types of regulation that the Commission considers the entity or provider should be subject to under Part 2 section 15
d: specify when input methodologies should apply for the entity or provider.
144: Outcome of additional regulation review
1: Following a review carried out under section 143
a: directing the Commission to—
i: make a new section 15 section 15 Part 2
ii: determine new input methodologies, or amend any existing input methodologies, that are required as a result; and
iii: take any other action that the Minister considers to be necessary or desirable in the circumstances in order to give effect to the Minister’s decision:
b: making a recommendation to the Governor-General that a designation order be made under section 52 Part 2 see section 54
c: making a recommendation to the Governor-General that a designation order made under section 52 Part 2 see section 54
d: either of the actions referred to in section 146(1)(a) and (b)
2: The Minister must not direct the Commission to take any action that would result in a statutory water services entity no longer being subject to information disclosure regulation under Part 2
3: The Minister may take 1 or more of the actions referred to in subsection (1)
a: the Minister has received and considered a recommendation from the Commission following a review carried out under section 143 145
b: the Minister is satisfied that the purpose of Part 2
4: If the Minister makes a direction under subsection (1)(a), the Commission must comply with it.
5: Sections 114 to 115A
145: Deregulation reviews
1: In carrying out a review under this section, the Commission must consider—
a: whether the purpose of Part 2 Part 2
b: any other information that the Commission believes to be relevant.
2: However, the Commission must not, as part of a review carried out under this section, consider whether a statutory water services entity should no longer be subject to information disclosure regulation under Part 2
3: The Commission must, before the start of each regulatory period in respect of which a regulated water services provider will (in the absence of any change to its regulatory regime) be subject to 1 or more types of regulation under Part 2
146: Outcome of deregulation review
1: Following a review carried out under section 145
a: directing the Commission to—
i: make a new section 15 section 15 Part 2
ii: determine new input methodologies, or amend any existing input methodologies, that are required as a result; and
iii: take any other action that the Minister considers to be necessary or desirable in the circumstances in order to give effect to the Minister’s decision:
b: making a recommendation to the Governor-General that a designation order made under section 52 Part 2 see section 56
c: any of the actions referred to in section 144(1)(a), (b), and (c)
2: The Minister must not direct the Commission to take any action that would result in a statutory water services entity no longer being subject to information disclosure regulation under Part 2
3: The Minister may take 1 or more of the actions referred to in subsection (1) only if—
a: the Minister has received and considered a recommendation from the Commission following a review carried out under section 143 145
b: the Minister is satisfied that the purpose of Part 2
4: If the Minister makes a direction under subsection (1)(a), the Commission must comply with it.
5: Sections 114 to 115A
147: Review in relation to early price-quality regulation
1: In carrying out a review under this section, the Commission must consider the following:
a: whether the purpose of Part 2
i: the statutory water services entity that serves the Auckland and Northland areas was subject to price-quality regulation earlier than 1 July 2030:
ii: 1 or more other statutory water services entities were subject to price-quality regulation earlier than 1 July 2032:
b: any other information that the Commission believes to be relevant.
2: If the Minister requires the Commission to carry out a review under this section, the Minister must do so—
a: no later than 1 July 2025, in respect of the statutory water services entity that serves the Auckland and Northland areas; and
b: no later than 1 July 2027, in respect of any other statutory water services entity.
3: See section 21(1)(c) and (d)
148: Outcome of review in relation to early price-quality regulation
In relation to the outcome of a review carried out under section 147 see sections 21(1)(c) and (d) 22(2) section 15
149: Review in relation to late price-quality regulation
1: In carrying out a review under this section, the Commission must consider the following:
a: whether the purpose of Part 2
i: the statutory water services entity that serves the Auckland and Northland areas was not subject to price-quality regulation on and from 1 July 2030:
ii: 1 or more other regulated water services providers were not subject to price-quality regulation on and from 1 July 2032:
b: any other information that the Commission believes to be relevant.
2: If the Minister requires the Commission to carry out a review under this section, the Minister must do so—
a: no later than 1 July 2028, in respect of the statutory water services entity that serves the Auckland and Northland areas; and
b: no later than 1 July 2030, in respect of any other regulated water services provider.
3: If the Commission carries out a review under this section, the Commission must complete the review and make a recommendation to the Minister—
a: no later than 1 July 2029, in respect of the statutory water services entity that serves the Auckland and Northland areas; and
b: no later than 1 July 2031, in respect of any other regulated water services provider.
150: Outcome of review in relation to late price-quality regulation
In relation to the outcome of a review carried out under section 149 see sections 21(1)(a) and (b) 22(1) Reviews relating to Part 3
151: Additional regulation reviews
1: In carrying out a review under this section, the Commission must consider the following:
a: whether the purpose of Part 3
i: 1 or more water services entities that are not subject to any provisions or requirements of Part 3 unregulated water services entities Part 3
ii: 1 or more regulated water services providers were subject to additional provisions or requirements of Part 3
b: in relation to the matters in paragraph (a), the following:
i: the number of consumers served by each water services entity under review:
ii: the service quality provided to consumers by each water services entity under review:
iii: the extent to which designating the water services entity or applying additional requirements or provisions to an entity that is a regulated water services provider is likely to lead to an improvement in the service quality provided to consumers by the water services entity:
c: any other matter the Commission considers to be relevant.
2: If the Commission recommends to the Minister that 1 or more water services entities should be subject to all or any provisions or requirements of Part 3 section 63(a) to (e)
152: Outcome of additional regulation review
1: Following a review under section 151
a: making a recommendation to the Governor-General that a designation order be made under section 61 Part 3 see section 63
b: making a recommendation to the Governor-General that a designation order made under section 61 Part 3 see section 63
c: the actions referred to in section 154
2: The Minister may not take any action that would result in—
a: a statutory water services entity no longer being subject to any provision or requirement of Part 3
b: a drinking water supplier no longer being subject to the requirements of subpart 4
3: The Minister may take 1 or more of the actions referred to in subsection (1) only if—
a: the Minister has received and considered a recommendation from the Commission following a review carried out under section 151 153
b: the Minister is satisfied that the purpose of Part 3
153: Deregulation reviews
1: In carrying out a review under this section, the Commission must consider the following:
a: whether the purpose of Part 3 section 61 Part 3
b: any other information the Commission considers to be relevant.
2: The Commission must not, as part of a review carried out under this section, consider whether—
a: a statutory water services entity should no longer be subject to any provision or requirement of Part 3
b: a drinking water supplier should no longer subject to the requirements of subpart 4
3: If the Commission recommends to the Minister that 1 or more regulated water services providers should no longer be subject to any specified provision or requirement of Part 3
a: describe each regulated water services provider that is the subject of the recommendation; and
b: describe each water infrastructure service provided by the provider that is the subject of the recommendation; and
c: specify the provisions or requirements of Part 3
154: Outcome of deregulation review
1: Following a review carried out under section 153
a: recommending to the Governor-General that a designation order made under section 61 Part 3 see section 65
b: the actions referred to in section 152(1)(a) and (b)
2: The Minister may not take any action that would result in—
a: a statutory water services entity no longer being subject to any provision or requirement of Part 3
b: a drinking water supplier no longer being subject to the requirements of subpart 4
3: The Minister may take 1 or more of the actions referred to in subsection (1) only if—
a: the Minister has received and considered a recommendation from the Commission following a review carried out under section 151 153
b: the Minister is satisfied that the purpose of Part 3
4: Other provisions
155: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: providing for anything this Act says may or must be provided for by regulations:
b: prescribing infringement offences by—
i: prescribing a duty, restriction, or prohibition for conduct that is similar to conduct, or similar to an element of conduct, for which there is a duty, restriction, or prohibition under any provision of this Act or regulations; and
ii: providing that a contravention of the prescribed duty, restriction, or prohibition is an infringement offence:
c: prescribing for those infringement offences—
i: fines not exceeding—
A: $2,000, for an individual:
B: $6,000, in any other case:
ii: infringement fees not exceeding—
A: $1,000, for an individual:
B: $3,000, in any other case:
d: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: Regulations made under this section are secondary legislation ( see Part 3 Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
156: Regulations relating to levies
1: Every regulated water services provider must pay to the Crown, or a prescribed person on behalf of the Crown, levies prescribed by regulations.
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: specifying the amount of levies, or method of calculating or ascertaining the amount of levies, on the basis that all or a portion of the following costs (as determined by the Minister) should be met out of the levies:
i: the estimated costs of performing the Commission’s functions, powers, and duties under this Act, the Water Services Entities Act 2022
ii: the estimated costs incurred by the Water Services Consumer Agency in performing its function under this Act:
iii: the costs of collecting the levy money; and
b: including in levies, or providing for the inclusion in levies, any shortfall in recovering those actual costs; and
c: refunding, or providing for refunds of, any over-recovery of those actual costs; and
d: providing different levies for—
i: different classes of regulated water services provider; and
ii: different classes of drinking water supplier in relation to the Commission’s functions under this Act regarding drinking water; and
e: specifying the appropriation period or part appropriation period to which those levies apply, and applying to that appropriation period or part appropriation period and each subsequent appropriation period until revoked or replaced; and
f: providing for the payment and collection of those levies; and
g: for the first appropriation period to which the levies apply to a regulated water services provider or class of providers, or a drinking water supplier or class of drinking water suppliers, including in the levy amounts or method of calculating costs incurred by the Commission in connection with preparing itself to perform, and performing, its functions, powers, and duties under this Act, the Water Services Entities Act 2022
i: that the regulations are made and come into effect after that period; or
ii: that the goods or services become regulated after the costs were incurred (for example, costs incurred by the Commission in preparing input methodologies); and
h: requiring payment of levies for an appropriation period or a part of an appropriation period, irrespective of the fact that—
i: the regulations may be made after that appropriation period or part of that appropriation period has commenced; or
ii: a regulated water services provider or drinking water supplier may have become a regulated water services provider or drinking water supplier after the commencement of the appropriation period or a part of the appropriation period; and
i: exempting or providing for exemptions from, and providing for waivers of, the whole or any part of levies for any case or class of cases.
3: In subsection (2), appropriation period
a: a financial year; or
b: if the estimated costs will be incurred under the authority of a multi-year appropriation or of a multi-year appropriation proposed in any Estimates, the financial years to which the multi-year appropriation applies.
4: In subsection (3),— Estimates
a: has the meaning given in section 2(1)
b: includes Supplementary Estimates as defined in section 2(1) multi-year appropriation see section 10
5: The amount of any unpaid levy is recoverable in any court of competent jurisdiction as a debt due to the Crown.
6: The Minister must consult regulated water services providers, or representatives of those providers, before making a recommendation for the purposes of subsection (2).
7: Regulations made under this section are secondary legislation ( see Part 3
8: If regulations authorise a person to grant exemptions or waivers referred to in subsection (2)(i),—
a: an instrument granting an exemption or a waiver is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. 1986 No 5 s 53ZE s 68 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation referred to in subsection (7) 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation referred to in subsection (8) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (7) LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
157: Commission to have regard to economic policies of Government
1: In the exercise of its powers under this Act, the Commission must have regard to any economic policies of the Government that the Minister gives to the Commission in a written statement.
2: The Minister must, as soon as practicable after giving a statement of economic policy of the Government to the Commission,—
a: arrange for a copy of the statement to be published in the Gazette
b: present a copy of the statement to the House of Representatives.
3: The statement of economic policy of the Government is not a direction for the purposes of Part 3 1986 No 5 s 26
158: Material incorporated by reference
1: This section applies for the purposes of section 66(2)(b)
2: If material incorporated by reference in secondary legislation made under this Act is amended or replaced by the originator of the material after the secondary legislation is made, legal effect may be given to that amendment or replacement material if—
a: the amendment or replacement material is of the same general character as the original material; and
b: the maker of the secondary legislation issues a notice to adopt the amendment or replacement material as having legal effect as part of the secondary legislation.
3: If material incorporated by reference in secondary legislation made under this Act expires, is revoked, or otherwise ceases to have effect, the material ceases to have legal effect as part of the secondary legislation if the maker of the secondary legislation issues a notice stating that the material ceases to have that legal effect.
4: A notice issued under subsection (2)(b) or (3) must be published in the Gazette
5: This section does not limit section 66(2)(a)
6: In this section, material section 63
159: Minister may establish Water Services Consumers Agency
1: The Minister may establish a Water Services Consumers Agency by approving 1 or more persons to perform the function of the agency.
2: The Minister may approve 1 or more persons to perform the function of the agency, and each person approved may perform all or any part of that function.
3: In subsection (2), person section 5
4: In approving a person or persons under subsection (2), the Minister must be satisfied that the person has (or the persons collectively have) the ability to perform the function of the agency.
5: The agency may determine its own procedure, subject to any directions given to it by the Minister.
160: Function of Water Services Consumers Agency
1: The function of the Water Services Consumers Agency is to represent and advocate for the interests of consumers in the water services industry.
2: The agency may carry out its function by, for example,—
a: promoting the interests of consumers to relevant public service agencies and Crown entities; and
b: providing evidence-based advocacy on behalf of consumers, whether in response to policy proposals or on its own initiative. Amendment to Commerce Act 1986
161: Principal Act
Section 162 Commerce Act 1986 2023-08-31 Commerce Act 1986
162: Section 9 amended (Membership of Commission)
After section 9(3A)
3B: One of the members must be appointed by the Governor-General as Water Services Commissioner under section 129 Amendments to Water Services Act 2021
163: Principal Act
Sections 164 to 172 Water Services Act 2021 2023-08-31 Water Services Act 2021
164: Subpart 4 heading in Part 2 amended
In Part 2, in the subpart 4 complaints information
165: Section 38 amended (Requirement for supplier to provide information to consumers and have complaints process)
1: In the heading to section 38 and have complaints process
2: Repeal section 38(1)(b) and (c) and (2)
166: Sections 39 and 40 repealed
Repeal sections 39 40
167: Section 57 amended (General exemptions)
In section 57(1)(i) and have a consumer complaints process
168: Section 165 amended (Defence in prosecution for strict liability offence)
In section 165(1) section 188 This table is small in size and has 2 columns. This table amends section 165(1) of the Water Services Act 2021 and should be read with that table to provide understanding of the context. 188 Failure to provide consumers with prescribed information
169: Section 169 amended (Liability of volunteers)
In section 169(1) section 188 This table is small in size and has 2 columns. This table amends section 165(1) of the Water Services Act 2021 and should be read with that table to provide understanding of the context. 188 Failure to provide consumers with prescribed information
170: Cross-heading above section 188 amended
In the cross-heading above section 188 complaints information
171: Section 188 amended (Offence involving failure to advise consumers about, provide, and report on complaint process)
1: Replace the heading to section 188 Offence involving failure to provide consumers with prescribed information
2: Repeal section 188(1)(a)(ii) and (iii) and (b)
172: Section 200 amended (Regulations)
Repeal section 200(1)(a)(iii), (b), and (c)