Reprint as at 1 March 2021
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Department of Internal Affairs.
The Parliament of New Zealand enacts as follows:
This Act is the Taumata Arowai–the Water Services Regulator Act 2020.
(1)
This Act comes into force on the earlier of—
a date appointed by the Governor-General by Order in Council; and
the 15-month anniversary of the date of Royal assent.
(2)
One or more Orders in Council may be made appointing different dates for different provisions.
Section 2: this Act (except sections 10(b) and 11(e)) brought into force, on 1 March 2021, by clause 2 of the Taumata Arowai–the Water Services Regulator Act Commencement Order 2021 (LI 2021/23).
The purpose of this Act is to establish Taumata Arowai–the Water Services Regulator and provide for its objectives, functions, and governance arrangements.
In this Act, unless the context otherwise requires,—
board means the board of Taumata Arowai–the Water Services Regulator
council-controlled organisation has the meaning given to it by section 6 of the Local Government Act 2002
domestic dwelling—
means premises, the principal use of which is as residential premises; and
includes residential premises that are tenanted on a long- or short-term basis; and
includes residential premises that are occupied permanently or temporarily (for example, a holiday home)
domestic self-supplier means a stand-alone or single domestic dwelling that has its own supply of water
A single property, with tenants on a lease, that is supplied by a rainwater tank is a domestic self-supplier.
A single holiday house that is supplied by a rainwater tank and is rented to tourists on a short-term basis is a domestic self-supplier.
A multi-dwelling building (for example, multiple separate apartments contained in a single building) that has its own bore water supply is not a domestic self-supplier.
A marae wharekai (dining hall) or community hall that has its own river water supply is not a domestic self-supplier.
A café building supplied by a rainwater tank is not a domestic self-supplier.
drinking water—
means water that is available to consumers from a point of supply, and used, for—
human consumption; or
oral hygiene; or
the preparation of food, drink, or other products for human consumption; or
washing utensils that are used for eating and drinking, or for preparing, serving, or storing food or drink for human consumption; but
does not include bottled water that is prepared or manufactured by a food business and is regulated under the Food Act 2014
drinking water supplier—
means a person who supplies drinking water to consumers through a drinking water supply; and
includes a person who ought reasonably to know they are supplying drinking water to consumers; and
includes the owner and the operator of a drinking water supply; and
includes a drinking water supplier who supplies drinking water to another drinking water supplier; but
does not include a domestic self-supplier
Māori Advisory Group means the Māori Advisory Group established by section 14
premises and residential premises have the meanings given in section 2 of the Residential Tenancies Act 1986
responsible Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of this Act
stormwater network means the infrastructure and processes that are used to collect, treat, drain, and discharge stormwater from a built area or transport corridor in an urban area
stormwater network operator means each of the following, to the extent that they operate a stormwater network:
a local authority, council-controlled organisation, or subsidiary of a council-controlled organisation:
a department named in Part 1 of Schedule 2 of the Public Service Act 2020:
the New Zealand Defence Force
Taumata Arowai means Taumata Arowai–the Water Services Regulator established by section 8
Te Mana o te Wai has the meaning set out in the National Policy Statement for Freshwater Management issued in 2014 (the 2014 statement) under section 52 of the Resource Management Act 1991 and any statement issued under that section that amends or replaces the 2014 statement
urban area—
means an area identified in a district plan or proposed district plan as being primarily zoned for residential, industrial, or commercial activities, together with adjoining special-purpose and open-space zones, however described; but
does not include an area zoned primarily for rural or rural-residential activities, however described
wastewater network means the infrastructure and processes that are used to collect, transmit through reticulation, treat, and discharge wastewater
wastewater network operator means each of the following, to the extent that they operate a wastewater network:
a local authority, council-controlled organisation, or subsidiary of a council-controlled organisation that operates a wastewater network:
the New Zealand Defence Force.
In order to recognise and respect the Crown’s responsibility to consider and provide for Māori interests,—
section 10 provides that it is an objective of Taumata Arowai to give effect to Te Mana o te Wai, to the extent that Te Mana o te Wai applies to the functions and duties of Taumata Arowai:
section 12 provides that the board must include members who, collectively, have knowledge and experience of, and capability in,—
the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles; and
perspectives of Māori and tikanga Māori:
section 14 establishes the Māori Advisory Group:
section 17(1) and (2) provides that the role of the Māori Advisory Group is to advise on Māori interests and knowledge, which includes—
developing and maintaining a framework on how to interpret and give effect to Te Mana o te Wai; and
providing advice on how to enable mātauranga Māori, tikanga Māori, and kaitiakitanga to be exercised:
section 17(3) requires the board to—
have regard to the advice of the Māori Advisory Group; and
demonstrate in its annual report how it has had regard to this advice:
section 18 provides that the operating principles of Taumata Arowai include—
building and maintaining credibility and integrity, so that Taumata Arowai is trusted by Māori (among others); and
partnering and engaging early and meaningfully with Māori, including to inform how Taumata Arowai can—
give effect to Te Mana o te Wai; and
understand, support, and enable the exercise of mātauranga Māori and tikanga Māori and kaitiakitanga:
section 19 requires the board to maintain systems and processes to ensure that, for the purposes of carrying out its functions under this Act, Taumata Arowai has the capability and capacity—
to uphold the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles; and
to engage with Māori and to understand perspectives of Māori.
The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
This Act binds the Crown.
This section establishes Taumata Arowai–the Water Services Regulator.
Taumata Arowai is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
The Crown Entities Act 2004 applies to Taumata Arowai except to the extent that this Act expressly provides otherwise.
Taumata Arowai’s objectives are to—
protect and promote drinking water safety and related public health outcomes; and
effectively administer the drinking water regulatory system; and
build and maintain capability among drinking water suppliers and across the wider industry; and
give effect to Te Mana o te Wai, to the extent that Te Mana o te Wai applies to the functions and duties of Taumata Arowai; and
provide oversight of, and advice on, the regulation, management, and environmental performance of wastewater and stormwater networks; and
promote public understanding of the environmental performance of wastewater and stormwater networks.
Taumata Arowai’s general functions are to—
provide national-level oversight, leadership, communication, and co-ordination in relation to—
drinking water safety and regulation, including the management of risks to sources of drinking water; and
the environmental performance, management, and regulation of wastewater and stormwater networks; and
identify and monitor matters that affect the safety of drinking water, and the environmental performance of wastewater and stormwater networks, including current and emerging contaminants; and
develop and consult on draft standards and compliance rules that relate to drinking water composition and develop other regulatory requirements and measures necessary to fulfil its responsibilities under this or any other enactment; and
provide oversight of, and information to central and local government in relation to,—
the development, operation, and effectiveness of standards, regulations, and other statutory requirements for wastewater and stormwater; and
compliance with, monitoring of, and enforcement of standards, regulations, and other statutory requirements affecting wastewater networks, stormwater networks, wastewater network operators, and stormwater network operators; and
monitor and enforce compliance with relevant drinking water legislation and standards, and other regulatory requirements for which Taumata Arowai has responsibility; and
facilitate, promote, or support research, education, and training, to support drinking water safety and regulation, the management of risks to sources of drinking water, and the environmental performance, management, and regulation of wastewater and stormwater networks; and
build and maintain the capability of drinking water suppliers to fulfil their regulatory responsibilities; and
provide guidance, advice, or information on matters that relate to drinking water safety and regulation, the management of risks to sources of drinking water, and the environmental performance, management, and regulation of wastewater and stormwater networks; and
identify, prepare, or promote national guidelines and good practices that relate to—
drinking water; and
wastewater networks, stormwater networks, wastewater network operators, and stormwater network operators; and
perform or exercise the functions, duties, and powers conferred or imposed on it by this Act or any other enactment; and
perform any other functions or activities that are consistent with its objectives and that Taumata Arowai considers are necessary or desirable to enable the achievement of those objectives, except functions or activities performed by any central government agency or another regulator; and
perform any other functions relevant to its objectives that the responsible Minister directs in accordance with section 112 of the Crown Entities Act 2004.
The board consists of not fewer than 5, and not more than 7, members.
The responsible Minister must appoint members to the board who, collectively, have knowledge and experience of, and capability in,—
the compliance, monitoring, and enforcement activities of regulatory agencies; and
public health, particularly in relation to the objectives and functions of Taumata Arowai; and
perspectives of Māori and tikanga Māori; and
performance monitoring and governance.
The board may delegate any of its functions or powers in accordance with section 73 of the Crown Entities Act 2004, except the power to appoint or remove the chief executive.
This section establishes the Māori Advisory Group.
The Māori Advisory Group consists of not fewer than 5, and not more than 7, members.
The responsible Minister must appoint members to the Māori Advisory Group.
The responsible Minister must consult the Ministers with portfolio responsibilities that relate to Māori Development and Māori Crown Relations before making any appointments.
(3)
The responsible Minister must appoint 1 of the members as chairperson of the Māori Advisory Group.
(4)
The responsible Minister must appoint only persons who, in the responsible Minister’s opinion, have the appropriate knowledge, skills, and experience to assist the Māori Advisory Group to perform its role (see section 17).
The following provisions of the Crown Entities Act 2004 apply to members of the Māori Advisory Group as if they were members of the board of a Crown agent:
section 28 (method of appointment of members):
section 30 (qualifications of members):
section 31 (requirements before appointment):
section 32 (term of office of members):
section 35 (validity of appointments):
section 36 (removal of members of Crown agents):
section 41 (process for removal):
section 43 (no compensation for loss of office):
section 44 (resignation of members):
section 45 (members ceasing to hold office).
The members are entitled to—
receive remuneration, in accordance with the fees framework; and
be reimbursed for actual and reasonable travelling expenses incurred in carrying out their roles as members.
The role of the Māori Advisory Group is to advise the board and Taumata Arowai on Māori interests and knowledge, as they relate to the objectives, functions, and operating principles of Taumata Arowai and the collective duties of the board.
That role includes—
developing and maintaining a framework that provides advice and guidance for Taumata Arowai on how to interpret and give effect to Te Mana o te Wai; and
providing advice on how to enable mātauranga Māori, tikanga Māori, and kaitiakitanga to be exercised; and
any other matters requested by the board.
The board must—
demonstrate how it has had regard to that advice in Taumata Arowai’s annual report (prepared under section 150 of the Crown Entities Act 2004), which must include—
information on the situations in which it did not act on the advice; and
the reasons for that; and
the alternative actions that were taken, if any; and
provide the Māori Advisory Group with an opportunity to include commentary in Taumata Arowai’s annual report on the Māori Advisory Group’s role and the advice it provided to Taumata Arowai over the period covered by the annual report.
The board and the Māori Advisory Group, acting jointly, must—
prepare a memorandum of understanding, setting out how they will work together; and
prepare and agree the terms of reference for the Māori Advisory Group.
(5)
Taumata Arowai must publish the memorandum of understanding and the terms of reference on Taumata Arowai’s website.
(6)
The board and the Māori Advisory Group, acting jointly, must review both the memorandum of understanding and the terms of reference at intervals of not more than 3 years.
Taumata Arowai must ensure that its performance and delivery of its objectives, functions, and duties are guided and informed by the operating principles set out in subsection (2).
The operating principles are—
building and maintaining credibility and integrity, so that Taumata Arowai is trusted by consumers, drinking water suppliers, wastewater network operators, stormwater network operators, Māori, and government:
ensuring that Taumata Arowai has suitable expertise to build and maintain confidence in its capability as a regulator:
developing sector capability, by promoting collaboration, education, and training:
partnering and engaging meaningfully with other people and organisations:
understand, support, and enable the exercise of mātauranga Māori and tikanga Māori and kaitiakitanga.
The board must ensure that Taumata Arowai—
acts in a manner consistent with the operating principles in section 18; and
maintains systems and processes to ensure that, for the purposes of carrying out its functions under this Act, Taumata Arowai has the capability and capacity—
The duties in subsection (1)—
apply in addition to the duties of the board in sections 49 to 52 of the Crown Entities Act 2004; and
are collective duties owed to the responsible Minister for the purposes of section 58 of the Crown Entities Act 2004.
Taumata Arowai may establish 1 or more technical advisory groups to provide independent advice to Taumata Arowai on any matters relating to its objectives or the performance or exercise of its functions, duties, and powers.
The members of a technical advisory group must be appointed by Taumata Arowai, on terms and conditions that Taumata Arowai determines, by written notice to each member.
A person must not be appointed as a member of a technical advisory group unless, before appointment, the person discloses to Taumata Arowai the nature and extent (including monetary value, if quantifiable) of all interests that the person has at that time, or is likely to have, in matters relating to the group.
A technical advisory group must comply with any terms of reference given by Taumata Arowai.
A technical advisory group may determine its own procedures.
Taumata Arowai must have regard to the advice it receives from a technical advisory group.
(7)
In this section, interests has the meaning given to it by section 62(2) and (3) of the Crown Entities Act 2004.
Amend the Acts specified in Schedule 2 as set out in that schedule.
s 6
This clause applies to a contract (other than an employment agreement) that—
was made between the Department of Internal Affairs (the DIA) and another person before the commencement of this clause; and
is identified by the DIA as relating principally or solely to the operation of Taumata Arowai, or to a matter for which Taumata Arowai assumes responsibility, on the commencement of this clause.
On and after the commencement of this clause,—
the contract must be treated as if Taumata Arowai were the party to the contract instead of the DIA; and
unless the context otherwise requires, every reference in the contract to the DIA must be read as a reference to Taumata Arowai.
This clause applies only in relation to a contract transferred to Taumata Arowai under clause 1.
On and from the commencement of clause 1,—
all rights, liabilities, and entitlements of the DIA under the contract become the rights, liabilities, and entitlements of Taumata Arowai; and
anything done, or omitted to be done, or that is to be done, by, or in relation to, the DIA is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, Taumata Arowai; and
the commencement, continuation, or enforcement of proceedings by or against the DIA may instead be carried out by or against Taumata Arowai without amendment to the proceedings.
This clause applies to a person—
who is employed by the Department of Internal Affairs (the DIA) immediately before the commencement of this clause; and
whose position is identified by the DIA as relating principally or solely to the operation of Taumata Arowai, or to a matter for which Taumata Arowai assumes responsibility, on the commencement of this clause.
Each person this clause applies to becomes an employee of Taumata Arowai on the same terms and conditions as applied immediately before they became an employee of Taumata Arowai.
This clause applies to a person who becomes an employee of Taumata Arowai under clause 3 (a transferred employee).
The terms and conditions of employment of a transferred employee immediately before the commencement of this clause continue to apply in relation to that employee until—
those terms and conditions are varied by agreement between the transferred employee and Taumata Arowai; or
the transferred employee accepts a subsequent appointment with Taumata Arowai.
For the purposes of every enactment, law, determination, contract, and agreement relating to the employment of a transferred employee,—
the employment agreement of that employee is to be treated as unbroken; and
the employee’s period of service with the DIA, and every other period of service of that employee that is recognised by the DIA as continuous service, is to be treated as a period of service with Taumata Arowai.
To avoid doubt, the employment of a transferred employee by Taumata Arowai does not constitute new employment for the purposes of the Holidays Act 2003 or the KiwiSaver Act 2006.
A transferred employee is not entitled to receive any payment or benefit from the DIA or Taumata Arowai on the grounds that the person’s position in the DIA has ceased to exist or the person has ceased to be an employee of the DIA as a result of the transfer to Taumata Arowai.
This clause overrides Part 6A of the Employment Relations Act 2000.
Despite anything in any other Act, a transferor may, at any time on or after the commencement of this clause, share with, or transfer to, Taumata Arowai any information held by the transferor immediately before the commencement of this clause that relates to the performance or exercise of functions, duties, or powers under Part 2A of the Health Act 1956.
Sharing, or a transfer of, information under subclause (1) is not an action that is an interference with the privacy of an individual under section 66 of the Privacy Act 1993.
In this clause, transferor means—
the Ministry of Health:
the Director-General of Health:
designated officers (as defined in section 69G of the Health Act 1956):
drinking-water assessors appointed under section 69ZK of the Health Act 1956:
employers of designated officers and drinking-water assessors.
s 21
In Schedule 1, Part 1, insert in its appropriate alphabetical order:
In Schedule 1, Part 2, insert in its appropriate alphabetical order:
Taumata Arowai–the Water Services Regulator
This is a reprint of the Taumata Arowai–the Water Services Regulator Act 2020 that incorporates all the amendments to that Act as at the date of the last amendment to it.
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
Taumata Arowai–the Water Services Regulator Act Commencement Order 2021 (LI 2021/23)