Who we are

Watercare is a limited liability company registered under the Companies Act 1993, and a local government organisation under the Local Government Act 2002. We are subject to regulation governing planning, health and environmental matters. The principal regulators include Auckland Council, Waikato Regional Council and the Ministry of Health. We also provide these and other regulatory bodies with information on the potential for existing and proposed policy and regulation to effect our activities.  

The legislative framework enabling and governing our operations as the provider of water and wastewater services in Auckland is found largely in four Acts:
 

• Local Government Act 2002
• Local Government (Tamaki Makaurau Reorganisation) Act 2009
• Local Government (Auckland Council) Act 2009
• Local Government (Auckland Transitional Provisions) Act 2010

Our obligations to deliver water and wastewater services for Auckland are established under Part 5, section 57(1), of the Local Government (Auckland Council) Act 2009, which stipulates that an Auckland water organisation:

• Must manage its operations efficiently with a view to keeping the overall costs of water supply and wastewater services to its customers (collectively) at the minimum levels consistent with the effective conduct of its undertakings and the maintenance of the long-term integrity of its assets 
• Must not pay any dividend or distribute any surplus in any way, directly or indirectly, to any owner or shareholder 
• Is not required to comply with section 68(b) of the Local Government Act 2002 (avoiding the requirement to pay a dividend) 
• Must have regard for public safety in relation to its structures. 

Also under the legislative framework:

• We became a substantive council controlled organisation (CCO) on 1 July 2012.
• We must give effect to council’s Long Term Plan (LTP) and act consistently with other specified plans and strategies of the council, section 58 of the Local Government (Auckland Council) Act 2009.
• At least two board meetings a year are required to be held in public: one before 30 June to consider the council’s comments on the draft statement of intent (SOI) for the upcoming financial year, and one after 1 July to consider our performance under the SOI for the previous financial year. In practice, all board meetings have a session open to the public.
• Our financial statements, the SOI and specified long-term plans must be audited by the Auditor-General, or by an auditor acting on behalf of the Auditor-General. The Auditor-General is the auditor of Watercare’s financial statements. 

Water Supply and Wastewater Network Bylaw 2015

This bylaw serves as a legally binding mechanism that enables us to protect our water supply and wastewater network assets. It replaces Auckland’s eight previous water supply and wastewater bylaws, standardising regulation across the region.

The bylaw covers various matters including:

• Avoiding illegal or inappropriate connection to or disconnection from our network.
• ​Protecting our network from damage, misuse and interference.
• Requiring appropriate standards for infrastructure that will be vested as public assets.
• Enabling the restriction of water supply in order to maintain an adequate supply of drinking water in a drought or other emergency.

Further legislative requirements include:

 
Taumata Arowai – the Water Services Regulator Act 2020:

• Under this legislation the principal regulators for water quality include Auckland Council, Waikato Regional Council, and Taumata Arowai.

 
Water Services Act 2021:

• This Act requires all persons who perform or exercise functions, power, and duties under the legislation to give effect to Te Mana o Te Wai. These parallels requirements imposed on local authorities under the National Policy Statement for Freshwater Management, and on Taumata Arowai under the Taumata Arowai – the Water Services Regulator Act. In particularly, the purpose of the Act is to ensure that drinking water suppliers provide safe drinking water to consumers. New drinking water rules and standards came into effect on 1 July 2022.

 
Te Puna (Taumata Arowai):

• As part of its governance arrangements, Taumata Arowai has Te Puna – Māori Advisory Group that is charged with advising on Māori interests and knowledge as they relate to the objectives, functions, and principles of Taumata Arowai. This includes: developing and maintaining a framework that provides advice and guidance on how to interpret and give effect to Te Mana o Te Wai and providing advice on how to enable mātauranga Māori, tikanga Māori, and kaitiakitanga to be exercised.

 
Health Act 1956:

• Schedule 1AA includes transitional provisions relating to fluoridation of drinking water and aims to protect public health by improving drinking-water qualities in communities.

 
Health and Safety at Work Act 2015:

• Sets out the principles, duties, and rights in relation to workplace health and safety. A guiding principle is that workers and others must reasonably be given the highest level of protection from workplace health and safety risks.

 
Climate Change Response Act 2020:

• Creates an obligation for us if the Minister or the Commission makes a request for information as provided for at subsection (1).

 
Resource Management Act 1991:

• Focuses on the health of the environment but is soon expected to be repealed and replaced with the Natural and Built Environment Act and Spatial Planning Act.