Shifts in New Zealand’s approach to drinking water are coming.
If you’re involved in the journey of water from its source to individuals outside your home, you might be taking on some new responsibilities and liabilities
“Effective Control”
At the heart of this Act is the concept of “effective control”. It’s not just about who owns the water source, but who has a say in its quality or safety.
This could mean a whole bunch of people:
- Landowners with Infrastructure: If you’ve got tanks in place and are making decisions about your neighbour’s water easements and maintenance obligations, you’re in the mix.
- Committee Members: Those involved in overseeing a shared water source, like community wells or shared reservoirs, need to be aware of their responsibilities.
- Landlords and Property Managers: If you’re deciding on the water treatment process for multiple tenants, you’ve got a role to play.
In simple terms, “effective control” means you’re not just watching the water flow; you’re actively involved in its journey.
Sometimes working out who is in charge is simple, sometimes it is complex and could be multiple people. For example, if an unregistered group of people chip in for shared tanks and pipes everyone who’s put in money might have a say, and with that comes responsibilities.
The question is not whether you have put your hand up, but whether you are captured by the Act.
Navigating the act can be daunting, but its core message is clear: everyone is entitled to safe drinking water, and all those involved in getting it there have that responsibility.
Please note that the landscape of water regulations in New Zealand is currently undergoing review. The new coalition government has announced intentions to re-evaluate the Fresh Water Regulations with implications for the obligations and responsibilities under the Water Services Act 2021.
We will continue to monitor the situation and provide the most current and relevant legal advice regarding current and future water management and responsibilities.
Feeling uncertain about your obligations under the Water Services Act 2021? Contact Max Palzer on 03 528 9580 or m.palzer@clientlegal.co.nz. I would be happy to guide you through the complexities and ensure you’re on the right track.
