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South Taranaki District Council (Cold Creek Rural Water Supply) Bill (Consistent) [2011] NZBORARp 53 (14 October 2011)

Last Updated: 30 April 2019

South Taranaki District Council (Cold Creek Rural Water Supply) Bill

14-10-2011

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

SOUTH TARANAKI DISTRICT COUNCIL (COLD CREEK RURAL WATER SUPPLY) BILL

1. We have considered whether the South Taranaki District Council (Cold Creek Rural Water Supply) Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). The Bill was introduced into the House of Representatives on 6 October 2011 and is awaiting its first reading. It is a Local Bill in the name of Chester Burrows MP.
2. The Bill sets out a process for the South Taranaki District Council (‘the Council’) to follow in order to authorise a transfer of the Cold Creek Rural Water Supply Scheme (‘the scheme’) to the Cold Creek Community Water Supply Limited (‘the Company’). The Company has managed the scheme since 2001. The scheme provides water to 400 people in the Pihama/Te Kiri area of the South Taranaki district for farming purposes and is a registered supply of drinking water.
3. Currently, the Council is unable to divest the scheme by virtue of the provisions in subpart 2 of Part 7 of the Local Government Act 2002. That Act authorises the divestment of a water service only if it delivers water to 200 or fewer persons who are ordinarily resident in that area. This would not apply to the scheme as the scheme services approximately 162 connections and 400 people.
4. The Council considers that the best option to resolve the ownership issue is to promote this Local Bill that specifies a procedure to authorise the transfer of the scheme to the Company.
5. The process requires the Council to consult with the Medical Officer of Health, make certain documents and views publicly available in a balanced and timely manner and conduct a referendum before transferring the scheme to the Company. The Bill also provides for various plans and assessments that must be prepared by the Company to the satisfaction of the Council.
6. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.
   

Jeff Orr

Chief Legal Counsel Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the South Taranaki District Council (Cold Creek Rural Water Supply) Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney- General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.