New Zealand Repealed Acts

This legislation has been repealed.

WATER SERVICES ENTITIES ACT 2022 - SECT 472

472 Engagement requirements

1 This section applies to engagement that a water services entity or the Minister must undertake in accordance with any of the following provisions:

a) section 6A(8) (relating to setting by Order in Council establishment dates under section 6A for 1 or more water services entities):

b) section 120(2) (relating to joint arrangements, or joint water services entity arrangements, for the purpose of providing water services):

c) section 134(b) (relating to preparation or review of a Government policy statement):

d) section 137B(1) (relating to giving a direction under section 137A for shared services):

e) section 144(1)(b) (relating to preparation of a response to a Te Mana o te Wai statement for water services):

f) section 153 (relating to asset management plans):

g) section 156 (relating to funding and pricing plans):

h) section 159 (relating to infrastructure strategies):

i) section 236 (relating to controlled drinking water catchment management plans):

j) section 241 (relating to rural supply plans for small mixed-use rural water supplies):

k) section 246 (relating to water services assessments):

l) section 255 (relating to stormwater management strategies):

m) section 270 (relating to trade waste plans):

n) section 275 (relating to water supply and wastewater services rules):

o) section 279 (relating to service agreements):

p) section 284 (relating to specified classes of work):

q) section 299 (relating to development codes):

r) section 366 (relating to compliance and enforcement strategy):

s) section 483 (relating to reporting and record-keeping rules):

t) section 484(1)(a) and (2) (relating to regulations providing for a model constitution):

u) clause 14 of Schedule 2A (relating to whether a finalised merger proposal should be implemented):

v) clauses 1, 7, 14, and 19 of Schedule 3 (relating to statements of intent, asset management plans, funding and pricing plans, and infrastructure strategies).

2
"Engagement" requires that a water services entity or the Minister do either or both of the following before deciding on a matter:

a) consult on a proposal:

b) seek input, on an iterative basis, during the formulation of a proposal, or feedback on a proposal.

3 Input or feedback may be sought via hui or meetings, social media, or any other forum that the water services entity or the Minister thinks appropriate.

4 In undertaking an approach to engagement on a matter, a water services entity or the Minister—

a) must consider the purpose of the engagement; and

b) must consider the needs of the particular person or persons with whom the water services entity is engaging; and

c) must allow adequate time for engagement to occur and for a response or responses from the particular person or persons with whom the water services entity or the Minister is engaging; and

d) may consider the relevance and sufficiency of any earlier engagement.

5 In addition, the water services entity and the Minister must ensure that engagement has been carried out before secondary legislation referred to in subsection (1)(i) to (s) is made.

6 For the purposes of subsection (5), the engagement must include—

a) giving adequate and appropriate notice of the content of the proposed instrument; and

b) providing a reasonable opportunity for interested persons to make submissions on the proposed instrument; and

c) appropriate consideration of any submissions received.

7 Despite subsection (6), the water services entity and the Minister need not conduct engagement if satisfied that—

a) the instrument needs to be made urgently; or

b) an amendment to the instrument is minor and will not adversely and substantially affect the interests of any person.

Note: 2020 No 42 s 22

History: Section 472: inserted, on 31 August 2023, by section 34 of the Water Services Legislation Act 2023 (2023 No 52).