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Local Government Key Legislation – new commentary on water services

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Local Government Key Legislation has been updated to discuss amendments by the Local Government (Water Services Preliminary Arrangements) Act 2024 partly in force 3 September 2024 (the remaining provisions, amending other legislation, are to come into force on a date set by Order in Council or by 1 July 2025).

The Local Government (Water Services Preliminary Arrangements) Act 2024 establishes preliminary arrangements for local government water services delivery. It is the second of three pieces of legislation intended to be introduced as part of the Government’s “Local Water Done Well” plan. The first repealed the former Government’s Water Services Entities Act and was passed in early 2024. The third is expected to be introduced in December this year and passed by mid-2025.

The Act’s provisions fall into three broad categories:

  • requiring territorial authorities to submit Water Services Delivery Plans within 12 months of the Act's enactment;
  • creating an alternative process that offers councils a streamlined approach when establishing, joining or amending a water services council-controlled organisation; and
  • financially separating Watercare Services Ltd from the Auckland Council.

An Introduction has been added to the Act. Synopses have been added to provisions summarising their intent and effect. More in-depth commentary has been added to some provisions – see below.

Westlaw:

Local Government (Water Services Preliminary Arrangements) Act 2024: see [WTIntro.01]-[WTIntro.04], [WT8.01], [WT13.01], [WT13.02], [WT24.01]-[WT24.03], [WT42.01], [WT42.02], [WT78.01], [WT84.01]

Please see Local Government Key Legislation – What’s New for more information, as well as a list of recent local government case law added.

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