identifies the current state of the authority’s water services; and

demonstrates publicly its commitment to deliver water services in a way that—

sections 9, 9A, 10, 11, 12, 14, 15, 16, 17, 19A, and 19B:

to the extent they are used in the sections listed in paragraph (a), the definitions in section 5.

all water services for all of the territorial authorities; or

all water services except for some or all services relating to all of the territorial authorities’ stormwater networks; or

all water services for some of the territorial authorities, and all water services except for some or all services relating to stormwater networks for the other territorial authorities.

a description of the current state of the water services network:

a description of the current levels of service relating to water services provided:

a description of—

whether and to what extent water services—

if any water services do not comply with current regulatory requirements or will not comply with any anticipated future regulatory requirements,—

details of the capital and operational expenditure required—

financial projections for delivering water services over the period covered by the plan, including—

an assessment of the current condition, lifespan, and value of the water services networks:

a description of the asset management approach being used, including capital, maintenance, and operational programmes for delivering water services:

a description of any issues, constraints, and risks that impact on delivering water services:

the anticipated or proposed model or arrangements for delivering water services (including whether the territorial authority is likely to enter into a joint arrangement under section 9 or will continue to deliver water services in its district alone):

an explanation of how the revenue from, and delivery of, water services will be separated from the territorial authority’s other functions and activities:

a summary of any consultation undertaken as part of developing the information required to be included in the plan under paragraph (j):

an explanation of what the territorial authority proposes to do to ensure that the delivery of water services will be financially sustainable by 30 June 2028:

an implementation plan—

any other information prescribed in rules made by the Secretary under section 14.

a process for delivering the proposed model or arrangements:

a commitment to give effect to the proposed model or arrangements once the plan is accepted:

the name of each territorial authority that commits to delivering the proposed model or arrangements:

the time frames and milestones for delivering the proposed model or arrangements.

information that clearly identifies each territorial authority that is proposed to be a party to the joint arrangement:

information as to whether the joint arrangement will deliver—

all of the information listed in section 11:

information on the likely form of the joint arrangement, including whether it is anticipated it will involve water services being delivered by—

the ownership structure; and

the governance structure; and

the control and financial rights of each territorial authority in the joint arrangement.

each territorial authority that is a party to the joint arrangement; and

all water services delivered in the joint service area (including services relating to each territorial authority’s stormwater network).

must cover a period of not less than 10 consecutive financial years, starting with the 2024–25 financial year; and

may include information that covers an additional 20 consecutive years, if the information identifies investment requirements—

in detail in relation to each of the first 3 financial years covered by the plan; and

in outline in relation to each of the subsequent financial years covered by the plan.

specifying additional information that must be included in a plan:

specifying the manner and form in which information must be included in a plan.

improves accountability to a territorial authority’s community:

provides a basis for regulating the delivery of water services:

relates to 1 or more of the following:

continue in force after the relevant date; but

cannot be amended, revoked, or replaced by further rules made under this section after the relevant date.

undertake consultation; and

ensure that its consultation and decision-making complies with sections 51 to 54.

may decide to consult; and

if it decides to consult, must do so in accordance with sections 52 to 54.

no later than 1 year after the date on which this section comes into force; or

on or before a later date specified by the Minister under section 17.

the plan complies with this Act; and

the information contained in the plan is true and accurate.

in the case of a joint water services delivery plan, by the chief executive of each authority to which the plan relates, in respect of the information provided by that authority; and

in any other case, by the chief executive of the territorial authority to which the plan relates.

be in writing; and

specify the length of the extension that the applicant is seeking; and

include sufficient information to enable the Minister to decide whether to grant the extension; and

be made no later than 1 month before the last date for submitting a plan under section 16(1)(a).

an application for the extension is made in accordance with subsection (2); and

the applicant requires the extension for 1 or more of the following reasons:

must notify the length of the extension and the date by which the water services delivery plan must be submitted to the Secretary to,—

may notify the length of the extension and the date by which the water services delivery plan must be submitted to the Secretary to any other territorial authority that the Minister considers relevant.

consider each water services delivery plan submitted under section 16; and

accept a water services delivery plan only if satisfied that the plan complies with this Act.

a government department:

the Commission:

Taumata Arowai:

Crown Infrastructure Partners Limited:

any other person the Secretary considers relevant.

advise the territorial authority or group of 2 or more territorial authorities why the Secretary is not satisfied with the plan and require the territorial authority or group to amend the plan (which may be by including additional information) and resubmit it to the Secretary by a specified date; or

decide not to accept the plan.

whether the Secretary has accepted the plan; and

if the Secretary has decided not to accept the plan, the reason for that decision.

the territorial authority or group of 2 or more territorial authorities must, as soon as reasonably practicable, publish the water services delivery plan,—

the Secretary must, at the same time as the Secretary notifies having accepted the plan, provide a copy of the plan to—

the territorial authority has submitted its water services delivery plan to the Secretary, and the Secretary has accepted the plan under section 18(1); and

the proposed amendments to the plan are significant and necessary due to exceptional circumstances; and

the proposed amendments are to the model or arrangements for delivering water services, as set out in the water services delivery plan (see section 11(1)(j)); and

the territorial authority submits the amended plan no later than the date that is 18 months 24 months after the date on which this section comes into force.

the amended plan complies with this Act; and

the information contained in the amended plan is true and accurate.

a territorial authority; or

a group of 2 or more territorial authorities that is proposing to submit, or that has submitted, a joint water services delivery plan.

the territorial authority or the group of territorial authorities requests, in writing to the Minister, that the Minister do so and the Minister decides to grant that request; or

the Minister believes, on reasonable grounds, that it would be beneficial to appoint a Crown facilitator because—

providing notice in writing to the person appointed to be the Crown facilitator or, if the Minister appoints a panel, to each member of the panel; and

providing notice in writing to the territorial authority or, in the case of an appointment to a group of territorial authorities, to each authority that is a member of the group; and

giving notice of the appointment in the Gazette.

the terms of reference of the Crown facilitator, including—

the name of the Crown facilitator or, if the Crown facilitator is a panel, the name of each member of the panel:

the start and end dates of the Crown facilitator’s appointment:

if the Crown facilitator is a panel, the name of the chairperson of the panel:

if the Crown facilitator is appointed to a group of 2 or more territorial authorities, details of how the remuneration and expenses of the Crown facilitator will be apportioned between the territorial authorities (see section 30):

the name of each territorial authority to which the Crown facilitator has been appointed.

each territorial authority to which the Crown facilitator is appointed; and

if the Crown facilitator is a panel, each panel member.

assist the relevant territorial authority or group of territorial authorities to prepare a water services delivery plan:

advise the relevant territorial authority or group of territorial authorities how to prepare a water services delivery plan:

assist the relevant territorial authority or group of territorial authorities to amend a draft water services delivery plan after being advised to do so by the Secretary (see section 18(3)(a)):

direct the relevant territorial authority or group of territorial authorities how to do 1 or both of the following:

assist 2 or more territorial authorities to agree on the terms of a joint arrangement, including, for example, by co-ordinating the negotiation process or by determining the terms of the joint arrangement:

assist the territorial authority or group of territorial authorities to give effect to an accepted water services delivery plan:

advise the territorial authority or group of territorial authorities how to give effect to an accepted water services delivery plan:

direct the territorial authority or group of territorial authorities to give effect to an accepted water services delivery plan:

assist a territorial authority or group of territorial authorities to comply with the requirements in this Act:

anything else specified in the Crown facilitator’s terms of reference.

appointing a Crown water services specialist; or

taking further action under Part 10 of the LGA2002.

a territorial authority; or

a group of 2 or more territorial authorities that is proposing to submit, or that has submitted, a joint water services delivery plan.

the territorial authority or the group of territorial authorities requests, in writing to the Minister, that the Minister do so and the Minister decides to grant that request; or

the territorial authority or the group has failed to submit its water services delivery plan to the Secretary in accordance with section 16; or

the territorial authority or the group—

contrary to section 19A, the territorial authority or the group of territorial authorities has not given effect to its water services delivery plan; or

a Crown facilitator for water services delivery plans appointed to the territorial authority or the group of territorial authorities has recommended that the Minister should make such an appointment, and the Minister agrees to do so.

providing notice in writing to the person appointed to be the Crown water services specialist or, if the Minister appoints a panel, to each member of the panel; and

providing in writing to the territorial authority or, in the case of an appointment to a group of territorial authorities, to each authority that is a member of the group; and

giving notice of the appointment in the Gazette.

the terms of reference of the Crown water services specialist, including—

the name of the Crown water services specialist or, if the Crown water services specialist is a panel, the name of each member of the panel:

the start and end dates of the Crown water services specialist’s appointment:

if the Crown water services specialist is a panel, the name of the chairperson of the panel:

if the Crown water services specialist is appointed to a group of 2 or more territorial authorities, details of how the remuneration and expenses of the Crown water services specialist will be apportioned between the territorial authorities (see section 30):

the name of each territorial authority to which the Crown water services specialist has been appointed.

in writing to each territorial authority to which the Crown water services specialist is appointed; and

if the Crown water services specialist is a panel, in writing to each panel member; and

by notice in the Gazette.

prepare a water services delivery plan for the territorial authority or the group of territorial authorities:

direct the territorial authority or the group of territorial authorities to adopt a specified water services delivery plan (which may be a plan that the specialist has prepared):

direct the territorial authority or the group of territorial authorities to submit a specified water services delivery plan to the Secretary under section 16:

assist the territorial authority or group of territorial authorities to give effect to an accepted water services delivery plan:

advise the territorial authority or group of territorial authorities how to give effect to an accepted water services delivery plan:

direct the territorial authority or group of territorial authorities to give effect to an accepted water services delivery plan:

anything else specified in the specialist’s terms of reference.

give the relevant territorial authority written notice that—

give the territorial authority an opportunity to satisfy the Minister of the following matters, as applicable, by a date specified in the notice, which must be no earlier than 10 working days after the date on which notice is given:

notify the territorial authority, in writing, if the Minister decides not to appoint the ministerial appointee; or

appoint the ministerial appointee under section 21 or 24.

co-operate with the ministerial appointee; and

comply with any reasonable request from the ministerial appointee to provide any relevant information that the territorial authority or the group of territorial authorities holds; and

comply with any reasonable direction issued by the ministerial appointee.

submit a water services delivery plan to the Secretary within the time frame specified in section 16(1):

amend a water services delivery plan and resubmit it to the Secretary by the specified date under section 18(3)(a):

have a water services delivery plan accepted by the Secretary within a reasonable period after submitting it for acceptance:

give effect to proposals or undertakings specified in an accepted water services delivery plan relating to the future delivery of water services:

comply with section 27 of this Act.

relates to the territorial authority or group of territorial authorities; and

has been accepted by the Secretary under section 18.

to receive remuneration for services as a Crown facilitator or as a Crown water services specialist (as applicable) as determined by the Minister in accordance with the fees framework; and

to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out their office as a Crown facilitator or as a Crown water services specialist in accordance with the fees framework.

any remuneration and expenses that the Crown incurs for the appointment of a ministerial appointee (including the payment of remuneration and expenses to the ministerial appointee) if the ministerial appointee is appointed to the authority individually; or

the territorial authority’s share of any remuneration and expenses that the Crown incurs for the appointment of a ministerial appointee (including the payment of remuneration and expenses to the ministerial appointee) if the ministerial appointee is appointed to a group of territorial authorities.

to promote the long-term benefit of consumers of water services; and

to ensure that sufficient information is readily available to interested persons to assess whether the purpose in paragraph (a) is being met.

have incentives to—

share with consumers the benefits of efficiency gains in supplying water services, including through lower prices; and

are limited in their ability to extract excessive profits.

relates only to delivering the purpose of this Act under section 3(1) and (2)(c); and

applies in relation to delivering water services only in circumstances where there is—

a territorial authority that delivers water services:

the Wellington Regional Council:

a council-controlled organisation that delivers water services:

a subsidiary of a council-controlled organisation that delivers water services.

consider advice from the Secretary and the Commission; and

having considered that advice, believe that the entity to be specified in the Order in Council holds, can prepare, or can produce information that, if disclosed, would enable an interested person to assess whether the purpose of this subpart is being met.

the name of the entity:

the water services to which a determination made under section 35 may apply.

publicly disclose information in accordance with the requirements set out in the determination; and

supply to the Commission a copy of all information disclosed in accordance with the determination within 5 working days after the specified entity first publicly discloses the information.

may monitor and analyse all information disclosed in accordance with this subpart; and

must, as soon as practicable after any information is publicly disclosed, publish (on an internet site operated by or on behalf of the Commission) a summary and an analysis of that information for the purpose of promoting greater understanding of the performance of individual specified entities, their relative performance, and changes in their performance over time.

the specified entity to which it applies:

the water services to which it applies:

any time frames that must be complied with or that apply:

the information that the specified entity must disclose:

the manner in which the information must be disclosed:

the form of disclosure:

when, and for how long, the specified entity must disclose the information:

any methodologies that the specified entity must apply in preparing or compiling the information.

financial statements (including projected financial statements):

asset values and valuation reports:

prices, terms and conditions relating to prices, and pricing methodologies:

contracts:

transactions with related parties:

financial and non-financial performance measures:

plans and forecasts, including (without limitation) plans and forecasts about demand, investments, prices, revenues, quality and service levels, capacity and spare capacity, and efficiency improvements:

asset management plans:

quality performance measures and statistics:

assumptions, policies, and methodologies used or applied in the delivery of water services:

consolidated information that includes information about goods or services that are not incidental to, or related to, water services, in which case section 38 applies:

information about the financing of territorial authorities (or regional councils, if the specified entity is the Wellington Regional Council) and water services council-controlled organisations that includes information about goods or services that are not incidental to, or related to, water services, in which case section 38 applies.

require disclosed information, or information from which disclosed information is derived (in whole or in part), to be verified by statutory declaration:

require independent audits of disclosed information:

require the retention of data on which disclosed information is based, and associated documentation:

exempt any specified entity or class of specified entity, or provide for exemptions, from any requirements of the determination, and provide for the revocation of exemptions:

provide for transitional provisions:

impose any other requirements that the Commission considers necessary or desirable to promote the purpose of this subpart.

an instrument granting or revoking an exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and

the determination must contain a statement to that effect.

compliance with requirements to disclose information under this subpart in relation to delivering water services; and

the ongoing capability of a specified entity to raise finance with respect to its delivery of water services by assessing the specified entity’s overall financial position.

consolidated financial statements, and any other information referred to in section 37, for all activities (including those related to the supply of other goods or services) undertaken by that entity; and

consolidated financial statements, and any other information referred to in section 37, for the supply of all other goods or services in aggregate; and

reconciliation of information provided under paragraphs (a) and (b) with information disclosed in accordance with information disclosure requirements applying to delivering water services; and

information about the financing of all activities (including those related to the supply of other goods or services) undertaken by that entity.

consult any person the Commission considers may assist it:

investigate any of the following:

examine, consider, or investigate any activity, cost, revenue, transfer, asset valuation, circumstance, or event that is occurring or that has occurred during the previous 7 years:

by notice in writing, require any provider of water services—

by notice in writing, require any provider of water services or any previous provider of water services to do either or both of the following:

by notice in writing, require any provider of water services, at the time and place specified in the notice, to produce or supply to the Commission an expert opinion from an appropriately qualified person, or from a member of a class of appropriately qualified persons, as determined by the Commission in relation to the matters in paragraph (b), (c), (d), or (e)(i).

specifying the amount of levies, or method of calculating or ascertaining the amount of levies, on the basis that the estimated costs for an appropriation period of performing or exercising the Commission’s functions, duties, and powers under this subpart, and of collecting the levy money, should be met fully out of levies:

including in levies, or providing for the inclusion in levies of, any shortfall in recovering those actual costs:

refunding, or providing for refunds of, any over-recovery of those actual costs:

providing different levies for different classes of providers of water services:

specifying the appropriation period or part appropriation period to which those levies apply, and applying to that appropriation period or part appropriation period and each subsequent appropriation period until revoked or replaced:

providing for the payment and collection of those levies:

for the first appropriation period to which the levy applies to a provider of water services or class of provider of water services, including in the levy amount or method any costs incurred by the Commission in connection with preparing itself to perform or exercise, and performing or exercising, its functions, duties, and powers under this subpart, irrespective of the fact—

requiring payment of a levy for an appropriation period or a part appropriation period, irrespective of the fact that the regulations may be made after that appropriation period has commenced:

exempting, or providing for exemptions from, and providing for waivers of, the whole or any part of the levy for any case or class of cases.

a financial year; or

if the estimated costs will be incurred under the authority of a multi-year appropriation or of a multi-year appropriation proposed in any Estimates, the financial years to which the multi-year appropriation applies.

understanding the Wellington Regional Council’s or a territorial authority’s intention and commitment to deliver water services in a way that is consistent with the purpose of a water services delivery plan (see section 8):

ensuring that sufficient information is available to interested persons to assess whether the purposes of this subpart are being met.

in the case of the department, the performance or exercise of its functions, duties, or powers under this Act; or

in the case of the Commission,—

contravened an obligation to disclose information under this subpart; or

contravened an obligation to disclose information in the form or within the time required; or

disclosed information under this subpart that is false or misleading; or

attempted to contravene an obligation to disclose information under this subpart; or

been involved in a contravention of an obligation to disclose information under this subpart.

has aided, abetted, counselled, or procured the contravention; or

has induced the contravention, or attempted to induce it, whether by threats or promises or otherwise; or

has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or

has conspired with others to effect the contravention.

$500,000, in the case of an individual; or

$5 million, in any other case.

the nature and extent of the contravention; and

the circumstances in which the contravention took place (including whether the contravention was intentional, inadvertent, or caused by negligence); and

whether the person has previously been found by the court in proceedings under this subpart to have engaged in similar conduct.

the person, knowing that water services are subject to an obligation to disclose information under this subpart, intentionally contravenes any requirement in relation to that obligation; or

the person is subject to an order under section 44 and fails to comply with the order by the date, or within the period, specified.

section 98 (Commission may require person to supply information or documents or give evidence):

section 98A (power to search) as if the reference to regulation under Part 4 of the Commerce Act 1986 were a reference to secondary legislation made under this Act:

section 98G (Commission may exercise powers notwithstanding other proceedings):

section 99 (powers of Commission to take evidence):

section 100 (powers of Commission to prohibit disclosure of information, documents, and evidence):

section 100A (Commission may state case for opinion of High Court):

section 103 (offences):

section 104 (determinations of Commission):

section 106 (proceedings privileged):

section 106A (judicial notice):

section 109 (Commission may prescribe forms).