Water Services Entities Bill

Hon Nanaia Mahuta

Water Services Entities Bill

Government Bill

136—1

Contents

Explanatory note
1Title
2Commencement
3Purpose
4Te Tiriti o Waitangi/the Treaty of Waitangi and Te Mana o Te Wai
5Provisions on Te Tiriti o Waitangi/the Treaty of Waitangi
6Interpretation
7Transitional, savings, and related provisions
8Act binds the Crown
9Treaty settlement obligations prevail
10Water services entities established
11Objectives of water services entities
12Functions of water services entities
13Operating principles
14Duties to provide funding and information
15Status of water services entities
16Shares in water services entities
17Core things water services entities can do
18Other things water services entities can do
19Acts must be for purpose of functions
20Acts in breach of statute are invalid
21Some natural person acts protected
22Limits on protection of natural person acts
23Acts that are not in best interests of water services entity
24Dealings between water services entities and other persons
25Interpretation for sections 15 to 24
26Minister’s role
27Establishment and membership of regional representative group
28Role of regional representative group
29Collective duty of regional representative group
30Decision making by regional representative group
31Group may regulate its own procedure if none specified
32Method of appointing territorial authority representatives to regional representative group
33Method of appointing mana whenua representatives to regional representative group
34Requirements before appointment as regional representative
35Validity of regional representatives’ acts
36Validity of appointments
37Resignation of regional representatives
38Regional representative group must appoint board appointment committee
39Functions of board appointment committee
40Board appointment committee must prepare board appointment and remuneration policy
41Appointment of chairperson and deputy chairperson
42Co-chairpersons and deputy co-chairpersons
43Disputes between regional representatives
44Application of Local Government Official Information and Meetings Act 1987 to regional representative group
45Establishment and membership of regional advisory panels
46Role of regional advisory panel
47Collective duty of regional advisory panel
48Decision making by regional advisory panel
49Panel may regulate its own procedure if none specified
50Method of appointing territorial authority panel members
51Method of appointing mana whenua panel members
52Requirements before appointment as regional advisory panel member
53Appointment of chairperson and deputy chairperson
54Co-chairpersons and deputy co-chairpersons
55Application of Local Government Official Information and Meetings Act 1987 to regional representative panel
56Board’s role
57Membership of board
58Chairperson and deputy chairperson
59Accountability of board members to regional representative group
60Board must hold 2 public meetings each financial year
61Application of Local Government Official Information and Meetings Act 1987 to water services entity
62Method of appointing board members
63Criteria for appointments by board appointment committee
64Requirements before appointment as board member
65Term of office of board members
66Validity of board members’ acts
67Validity of appointments of board members
68Removal of board members
69Process for removal
70No compensation for board member’s loss of office
71Resignation of board members
72Board members ceasing to hold office
73Board must act consistently with objectives, functions, operating principles, and statement of intent
74Collective duties relating to te Tiriti o Waitangi/the Treaty of Waitangi
75Duty of board members to comply with relevant legislation
76Duty of board members to act with honesty and integrity
77Duty of board members to act in good faith and not at expense of water services entity’s interests
78Duty of board members to act with reasonable care, diligence, and skill
79Duty not to disclose information
80Accountability for collective board duties
81Board member’s liability for breach of collective duty
82Accountability of board members for individual duties
83Board member’s liability for breach of individual duty
84Court actions requiring or restraining board or board members
85Board’s ability to delegate
86Powers of delegate
87Effect of delegation on water services entity or board
88Revocations of delegations
89Board may regulate its own procedure if none specified
90Entity must have constitution
91What constitution must contain
92Constitution may contain other matters not inconsistent with Act
93Effect of constitution
94First constitution of water services entity
95Process for amending or replacing constitution
96Minor or technical amendments
97Qualifications of regional representatives, regional advisory panel members, and board members
98When regional representatives, regional advisory panel members, and board members may rely on certain information and advice
99Water services entity must keep interest registers for entity, regional representative group, and regional advisory panel
100When person is interested
101Obligation of board member to disclose interest
102Obligation of regional representative to disclose interest
103Obligation of regional advisory panel member to disclose interest
104What must be disclosed
105Consequences of being interested in matter
106Consequences of failing to disclose interest
107Permission to act despite being interested in matter
108Permission must be disclosed in annual report
109Entity may avoid certain acts done in breach of conflict of interest rules
110What is fair value
111Onus of proving fair value
112Effect of avoidance on third parties
113Vacancies in membership of board, regional representative group, or regional advisory panel
114Duties to provide funding and information
115Safeguarding independence of water services entities
116Obligation to maintain water services
117Contracts relating to provision of water services
118Joint arrangements for purpose of providing water services
119Employment of chief executive
120Water services entity to be good employer
121Definitions for protections from liability
122Protections for board members and employees from liabilities of water services entity
123Immunity from civil liability
124Indemnities in relation to excluded act or omission
125Insurance for liability of board member or employee
126Breach of indemnity and insurance limits
127Method of contracting
128Address for service
129Minister may issue Government policy statement on water services
130Purpose and content of Government policy statement
131Preparation or review of Government policy statement
132Water services entities to give effect to Government policy statement
133Amending Government policy statement
134Obligation to publish and present Government policy statement
135Regional representative group must issue and review, and may replace, statement of strategic and performance expectations
136Purpose and content of statement of strategic and performance expectations
137Water services entity to give effect to statement of strategic and performance expectations
138Obligation to publish statement of strategic and performance expectations
139Obligation of regional representative group to review board performance
140Mana whenua may provide Te Mana o te Wai statements for water services
141Water services entity must respond to Te Mana o te Wai statement for water services
142Obligation to publish response to Te Mana o te Wai statement for water services
143Purpose of statement of intent
144Board must prepare statement of intent
145Content of statement of intent
146Board must publish statement of intent
147Board must prepare asset management plan
148Content of asset management plan
149Obligation to publish asset management plan
150Board must prepare funding and pricing plan
151Content of funding and pricing plan
152Obligation to publish funding and pricing plan
153Board must prepare and adopt infrastructure strategy
154Content of infrastructure strategy
155Obligation to publish infrastructure strategy
156Obligation to prepare and publish annual report
157Form and content of annual report
158Form and content of statement of service delivery performance
159Annual financial statements
160Statement of responsibility
161Audit report
162Disclosure of payments in respect of board members and employees
163Information to be prepared in accordance with generally accepted accounting practice
164Insurance of assets
165Bank accounts of water services entities
166Financial independence
167Board must ensure that proper accounting records are kept
168Borrowing in foreign currency
169Appointment and role of monitor
170Monitor’s power to request information
171Good reason for refusing to supply requested information
172Civil proceedings relating to non-compliance with information request
173Content of notice
174Meaning of problem for purposes of subpart
175Minister may appoint Crown review team
176Appointment of Crown review team
177Minister may appoint Crown observer
178Appointment of Crown observer
179Minister may appoint Crown manager
180Appointment of Crown manager
181Application
182Minister may consult
183Minister must publish list of matters
184Minister must have regard to published list
185Notice of proposed appointment of ministerial body
186Notice of appointment of ministerial body
187Information to Minister
188Final report of ministerial body
189Remuneration and expenses of ministerial appointees
190Recovery of expenses from water services entity
191Minister may terminate appointment of ministerial body or ministerial appointee
192Protection from liability for ministerial appointees
193Disclosure of information held by water services entity
194Decisions and directions of Crown manager remain in force
195Interim review of governance and accountability arrangements under Act
196Comprehensive review of water services legislation
197Reviewer
198Reviewer’s power to request information
199Report
200Repeal of this subpart
201Rights or interests in water preserved
202Engagement requirements
203Consumer forum
204Consumer engagement stocktake
205Principles of engagement
206Regulations
207Principal Act
208Section 2 amended (Interpretation)
209Section 6 amended (Meaning of term taxable activity)
210Principal Act
211New section CW 38C inserted (Water services entities)
CW 38CWater services entities
212Section YA 1 amended (Definitions)
213Principal Act
214New section 159A inserted and repealed (Review of water services bylaws may be deferred during transition period)
159AReview of water services bylaws may be deferred during transition period
215Principal Act
216Schedule 2 amended
217Principal Act
218Schedule 1 amended
219Principal Act
220Schedule 1 amended
221Principal Act
222Section 4 amended (Interpretation)

The Parliament of New Zealand enacts as follows: