From:
Rachel Chrystall
To:
James McKibbin
Subject:
Research - Water Supply Bylaw
Date:
Wednesday, 27 June 2018 12:28:04 PM
Hi James,
As per your research request, this email summarises research done on Council papers prepared
for the previous review of the Water Supply Bylaw, and notes the names of other bylaws
applying in the Wellington region. It also notes the points made by Phil Gorman in a
conversation that I had with him today.
Previous UHCC reports:
I have managed to track down two reports relating to the 2008 review of the Water Supply
Bylaw. Both reports were written by Andrea Hilton for Ordinary Council. The reports involve the
following:
·
Andrea’s report dated 7 May 2008 (also constituting the Statement of Proposal: This
report was presented to Ordinary Council on 14 May 2008. It was approved for release
at this Council meeting – see minutes of Ordinary Council dated 14 May 2008; and
·
Andrea’s report dated 24 June 2008: This report commented on the one submission
received on the SOP (Regional Public Health), recommended that various amendments
be made to the Bylaw in light of Regional Public Health’s submission plus some others
and recommended that Council adopt the Bylaw attached to the report. This report was
presented to Ordinary Council for 25 June 2008. The minutes of Ordinary Council dated
25 June 2008 recorded that Council resolved to adopt the Bylaw and to make and note
various changes to the Manual of Delegations.
The result of the 2008 review was to pass a new Bylaw rather than amend and renew the
existing Bylaw, and the reasons for the new Bylaw were due to:
· Changes in definitions, e.g., obligations, conditions of supply, customer responsibility,
and fire protection;
· Changes in the law regarding breaches of the Act (for example, the Local Government
Act 2002) and changes in the law regarding water supply standards (e.g., the New
Zealand Drinking Water Standards 2005); and
· The new Bylaw being the most appropriate way to meet Council’s obligations and to
manage the supply of water to consumers.
The above reports did not raise any controversial issues or concerns. For completeness, I note
that there were two issues raised by Councillors (as outlined at page A10-2 of Andrea’s report
dated 24 June 2008). The first issue related to clause 9.6.3 (allowing Council to impose
restrictions on water use), and this clause was amended to make the Council’s power to impose
restrictions to manage demand definitive. The second issue related to Councillor’s concerns that
clause 9.11.1.1 could enable the Council to install water meters. In terms of the latter query,
clause 9.11.1.1 was amended to reference it to clause 9.11.1.4 which enabled meters to be
installed if the water consumption on a property was unusually high.
The only other key changes that the 2008 Bylaw brought into force is outlined at page A7-3 of
the SOP (Andrea’s report dated 7 May 2008), which I have quoted in full below:
“The proposed Bylaw has a new definition for the point of supply. The point of supply is
the point that determines whether a service is public or private, whether the
responsibility for repair is the Council’s or the consumers. This definition has been
changed in the proposed Bylaw. While it is a small change in terms of words it has a big
impact on the document.
The LGA has increased the penalties for offences and breaches and introduced
infringements. Although Councils are now able to give infringements for breaches or
offences the Regulations that stipulate the infringement offences and penalties have not
yet been passed. Accordingly, the proposed Bylaw has to be prepared to enable Council
to deal with the minor offences.”
It is interesting to note that the current Bylaw is based on a model bylaw which is referred to in
the background section of the SOP (dated 7 May 2008) as NZ9201 part 7 2007 model Bylaw.
This background section also outlines the reasons why a Bylaw is necessary, which is also
certainly useful for the current review.
Other councils in the Wellington region:
In terms of the management of water by other councils in the Wellington region, I confirm that
all of them (Wellington, Kapiti, Porirua and Hutt) manage their water supply through a water
bylaw. The titles of the respective bylaws are as follows:
· Hutt City Council Water Supply Bylaw 2010;
· Wellington City Council Consolidated Bylaw 2013 Part 8: Water Services;
· Kapiti Coast District Council Water Supply Bylaw 2013; and
· Porirua City Council General Bylaw 1991, Part 17 Water Supply
I have printed all of the above bylaws for you and will place them in a folder in conjunction with
Andrea’s reports.
Conversation with
:
said that International Springs has taken over the lease of the old Coca-cola site in Upper
Hutt, near Refreshment Place. This company has an intention to bottle water in Upper Hutt.
Apparently, there is a bore on the site, and International Springs has a permit to draw down a
certain amount of water from Greater Wellington Regional Council.
also said that Foodstuffs NZ used to bottle water in Silverstream but that site has now gone.
Kind regards
Rachel Chrystall
Policy Advisor
Upper Hutt City Council | 838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
T: +64 4 527 2169 | E: [email address] | W: www.upperhuttcity.com | F:
www.fb.com/upperhuttcitycouncil
Please consider the environment before printing.
