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Health (Drinking Water) Amendment Act 2007 No 92 (as at 01 April 2008), Public Act

Reprint as at 1 April 2008

Health (Drinking Water) Amendment Act 2007

Public Act2007 No 92
Date of assent17 October 2007
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered by the Ministry of Health.

Contents

1 Title

2 Commencement

3 Principal Act amended

Part 1
Amendments to principal Act

4 General powers and duties of local authorities in respect of public health

5 Requirements of dwellinghouses as to supply of water and sanitary conveniences

6 Sections 60 to 63 and heading above section 60 repealed

7 New Part 2A inserted

Part 2A
Drinking water

69A Purpose

Application of this Part

69B This Part generally to apply on commencement

69C Application of sections 69S to 69ZC generally

69D Application of sections 69S to 69ZC to bulk suppliers

69E Application of sections 69S to 69ZC to water carriers

69F Bulk suppliers, networked suppliers, water carriers, and designated ports or airports may elect earlier compliance

Interpretation

69G Interpretation

69H All practicable steps

69I Part binds the Crown

Registration of drinking-water suppliers and certain self-suppliers

69J Drinking-water register

69K Applications for registration

69L Renewal of registration by water carriers

69M Duty to update details on register

69N Removal from register

Drinking-water standards

69O Minister may issue, adopt, amend, or revoke drinking-water standards

69P Minister must consult before issuing, adopting, or amending drinking-water standards

69Q Drinking-water standards must be notified and made available

69R Commencement of drinking-water standards

Duties of drinking-water suppliers and temporary drinking-water suppliers

69S Duty of suppliers in relation to provision of drinking water

69T Duties where risk to water is actual or foreseeable

69U Duty to take reasonable steps to contribute to protection of source of drinking water

69V Duty to take all practicable steps to comply with drinking-water standards

69W Duty to take reasonable steps to supply wholesome drinking water

69X Duties in relation to new water sources

69Y Duty to monitor drinking water

69Z Duty to prepare and implement public health risk management plan

69ZA Medical officer of health may require preparation and implementation of public health risk management plan

69ZB Duration of plans

69ZC Review and renewal of plans

69ZD Duty to keep records and make them available

69ZE Duty to investigate complaints

69ZF Duty to take remedial action if drinking-water standards breached

69ZG Duty to provide reasonable assistance to drinking-water assessors, designated officers, and medical officers of health

69ZH Duty to provide information to territorial authority

69ZI Temporary supplier to notify medical officer of health of source and quality of raw water

69ZJ Powers of medical officer of health relating to temporary drinking-water suppliers

Drinking-water assessors and designated officers

69ZK Director-General may appoint drinking-water assessors

69ZL Functions of drinking-water assessors

69ZM Drinking-water assessors accountable to Director-General for performance of functions

69ZN Functions of designated officers

69ZO Powers of designated officers

69ZP Powers of drinking-water assessors and designated officers

69ZQ Ancillary powers

69ZR Restrictions on exercise of powers

69ZS Requirement for warrant to enter dwellinghouse

69ZT Standard conditions applying where warrant executed

69ZU Drinking-water assessors and designated officers must produce identification

69ZV Inventory of things seized to be provided

69ZW Review of decisions of drinking-water assessors

69ZX Register of drinking-water assessors

Recognised laboratories

69ZY Director-General may recognise laboratories

69ZZ Compliance tests must be carried out by recognised laboratory

Emergency powers

69ZZA Minister may declare drinking-water emergency

69ZZB Maximum duration of drinking-water emergency declaration

69ZZC Drinking-water emergency may be declared or continued even if other emergency declared

69ZZD Special powers of designated officers during drinking-water emergency

69ZZE Compensation for property requisitioned or destroyed

69ZZF Actions taken under emergency powers may be exempted from requirements of Part 3 of Resource Management Act 1991

69ZZG Effect of exemption

Compliance orders

69ZZH Medical officer of health may issue compliance order

69ZZI Compliance with compliance order

69ZZJ Form and content of compliance order

69ZZK Appeals

69ZZL Stay of compliance order pending appeal

69ZZM Variation and cancellation of compliance order

69ZZN Appeals against decision on change or cancellation of compliance order

Contamination of water supplies and sources

69ZZO Contamination of raw water or pollution of water supply

69ZZP Local authority may be required to warn users of self-supplied building water supplies about contamination

Offences

69ZZQ Offence to supply or transport water if not registered

69ZZR Offences against sections in this Part

69ZZS Strict liability and defence to offences

69ZZT Offences involving deception

69ZZU Time for laying information

69ZZV Penalties

69ZZW Additional penalty for certain offences for commercial gain

69ZZX Liability of principal for acts of agents

Miscellaneous

69ZZY Regulations

69ZZZ Protecting water supplies from risk of back-flow

69ZZZA Keeping, inspection, and copying of registers

69ZZZB Director-General must publish annual report

69ZZZC Statements by Director-General

69ZZZD Protection of persons performing or exercising functions, duties, or powers under this Part

69ZZZE Relationship between this Part and other enactments

8 Regulations as to housing improvement and overcrowding

9 Protection of persons acting under authority of Act

10 New sections 137A to 137H inserted

137A Incorporation of material by reference into regulations and compliance documents

137B Effect of amendments to, or replacement of, material incorporated by reference

137C Proof of material incorporated by reference

137D Effect of expiry of material incorporated by reference

137E Requirement to consult

137F Access to material incorporated by reference

137G Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference

137H Application of Regulations (Disallowance) Act 1989 to material incorporated by reference

11 Existing drinking-water register continues

12 Existing register of recognised laboratories continues

13 Existing register of accredited drinking-water assessors continues

14 Existing standards deemed to be issued

15 Annual report to Parliament on implementation issues

Part 2
Amendments to other enactments

Amendments to Local Government Act 2002

16 Power to restrict water supply

17 Section 194 repealed

Amendment to Local Government Official Information and Meetings Act 1987

18 Land information memorandum

Consequential amendments and revocation

19 Consequential amendments

20 Revocation

Schedule
Consequential amendments

Reprint notes

The Parliament of New Zealand enacts as follows:

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