Water Services Entities Bill

  • enacted
6 Interpretation

In this Act, unless the context otherwise requires,—

board means members of the board of a water services entity who number not less than the required quorum acting together as a board

board appointment committee means a committee of a regional representative group appointed under section 38

board member

(a)

means a member of the board appointed under section 57; but

(b)

for the purposes of sections 122 to 126, has the meaning set out in section 121

chairperson,—

(a)

of a regional representative group, means—

(i)

its chairperson (see section 41); or

(ii)

if section 42(2)(c) applies, both of its co-chairpersons:

(b)

of a regional advisory panel, means—

(i)

its chairperson (see section 53); or

(ii)

if section 54(2)(c) applies, both of its co-chairpersons

claimant group, in relation to the definitions of Treaty settlement Act and Treaty settlement deed, means a group of Māori with Treaty of Waitangi claims against the Crown, whether or not those claims have been lodged with, or heard by, the Waitangi Tribunal under the Treaty of Waitangi Act 1975

Commission

(a)

means the Commerce Commission established by section 8 of the Commerce Act 1986; but

(b)

in Schedule 4, means the Local Government Commission continued under section 28 of the Local Government Act 2002 (see clause 1 of Schedule 4)

committee means,—

(a)

in relation to a regional advisory panel, a committee or subcommittee appointed under the constitution; and

(b)

in relation to a regional representative group, a committee or subcommittee appointed under the constitution (including the board appointment committee); and

(c)

in relation to a board, a committee or subcommittee appointed under the constitution

constitution means, in relation to a water services entity,—

(a)

the entity’s first constitution as provided for in section 94; or

(b)

if the regional representative group has amended the entity’s first constitution or adopted a new constitution under section 95 or 96, the constitution as adopted or amended under that section

department means the department for the time being responsible for the administration of this Act

deputy chairperson,—

(a)

of a regional representative group, means—

(i)

its deputy chairperson (see section 41); or

(ii)

if section 42(2)(c) applies, both of its deputy co-chairpersons:

(b)

of a regional advisory panel, means—

(i)

its deputy chairperson (see section 53); or

(ii)

if section 54(2)(d) applies, both of its deputy co-chairpersons

drinking water has the meaning set out in section 6 of the Water Services Act 2021

employee, in relation to a water services entity,—

(a)

includes the chief executive of the entity other than for the process of determining terms and conditions under section 119; and

(b)

for the purposes of sections 122 to 126, has the meaning set out in section 121

financial year means the 12 months ending on the close of 30 June

funding and pricing plan means the funding and pricing plan prepared by the board under section 150

generally accepted accounting practice has the meaning set out in section 8 of the Financial Reporting Act 2013

green water services infrastructure

(a)

means a natural or semi-natural area, feature, or process that mimics natural areas, features, or processes that are planned or managed to provide water services; and

(b)

includes an engineered system that is an area, feature, or process that complies with paragraph (a)

Government policy statement means a Government policy statement on water services issued by the Minister under section 129

local authority has the meaning set out in section 5 of the Local Government Act 2002

mana whenua, for an identified area, means the iwi or hapū holding and exercising, in accordance with tikanga, authority or other customary rights or interests in that area

mana whenua panel member means a mana whenua panel member appointed to a regional advisory panel (see section 51)

mana whenua representative means a mana whenua representative appointed to a regional representative group under section 33

Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

ministerial appointee means a person appointed under subpart 2 of Part 5 as a member of a Crown review team, as a Crown observer, or as a Crown manager

ministerial body means a Crown review team, a Crown observer, or a Crown manager appointed under subpart 2 of Part 5

monitor means the department appointed under section 169

natural person act has the meaning set out in section 25

overland flow path means any flow path taken by stormwater on the surface of land

regional advisory panel means, in relation to a water services entity, a regional advisory panel established by the constitution

regional advisory panel member means—

(a)

a territorial authority panel member; or

(b)

a mana whenua panel member

regional representative means a territorial authority representative or mana whenua representative

regional representative group means, in relation to a water services entity, the regional representative group established for the entity under section 27

regulations means regulations made under section 206

service area means, in relation to a water services entity, the area identified in Schedule 2 as the service area of the entity

stormwater network

(a)

means the infrastructure owned or operated by, or processes used by, a water services entity to collect, treat, drain, store, reuse, or discharge stormwater in an urban area; and

(b)

includes—

(i)

an overland flow path (as defined in this section):

(ii)

green water services infrastructure that delivers stormwater water services (as defined in this section)

Te Mana o te Wai

(a)

has the meaning set out in the National Policy Statement for Freshwater Management issued in 2020 under section 52 of the Resource Management Act 1991 and any statement issued under that section that amends or replaces the 2020 statement (and see also sections 4, 5, and 13 of this Act); and

(b)

applies, for the purposes of this Act, to water (as that term is defined in section 2(1) of the Resource Management Act 1991)

Te Mana o te Wai statement for water services means a statement provided by mana whenua to a water services entity under section 140

territorial authority has the meaning set out in section 5 of the Local Government Act 2002

territorial authority owners means, in relation to a water services entity, the territorial authorities listed in the part of Schedule 2 that relates to the entity

territorial authority panel member means a territorial authority panel member appointed to a regional advisory panel (see section 50)

territorial authority representative means a territorial authority representative appointed to a regional representative group under section 32

Treaty of Waitangi claim means a claim within the meaning of section 6 of the Treaty of Waitangi Act 1975, whether that claim was submitted or not to the Waitangi Tribunal

Treaty settlement Act means—

(a)

an Act listed in Schedule 3 of the Treaty of Waitangi Act 1975; and

(b)

any other Act that provides redress for Treaty of Waitangi claims, including Acts that provide collective redress or participation arrangements for claimant groups whose claims are, or are to be, settled by another Act

Treaty settlement deed means a deed or other agreement—

(a)

that is signed for and on behalf of the Crown by 1 or more Ministers of the Crown and by representatives of a claimant group; and

(b)

that is in settlement of the Treaty of Waitangi claims of the members of that group, or in express anticipation, or on account, of that settlement

Treaty settlement obligations means obligations under any of the following:

(a)

Treaty settlement Acts:

(b)

Treaty settlement deeds

wastewater network means the infrastructure owned or operated by, or processes used by, a water services entity to collect, store, transmit through reticulation, treat, or discharge wastewater

water services means services relating to water supply, wastewater, and stormwater

water services entity or entity means a water services entity established under section 10

water services infrastructure

(a)

means infrastructure owned or operated by a water services entity for the purposes of the delivery of water services; and

(b)

includes—

(i)

a water supply network:

(ii)

a wastewater network:

(iii)

a stormwater network; and

(c)

for the purposes of section 116 and Schedule 4, includes existing or proposed assets used or proposed to be used by the water services entity to provide water services

water supply includes—

(a)

drinking water supply as defined in section 9 of the Water Services Act 2021; and

(b)

firefighting water supplies as defined in section 6 of the Fire and Emergency New Zealand Act 2017; and

(c)

water supplied for agricultural or horticultural purposes

water supply network

(a)

means the infrastructure owned or operated by, or processes used by, a water services entity to abstract, store, treat, transmit, or transport water as part of a water supply; and

(b)

includes—

(i)

the point of supply:

(ii)

any end-point treatment device:

(iii)

any backflow prevention device.