Legal framework The legal framework includes the Health Act 1956, amended in 2007, the
Local Government Act 2002 and the
Resource Management Act 1991.
Three Waters Review In mid–2017, the
Fifth National Government launched a review of the regulation and supply arrangements of drinking water, wastewater and stormwater (three waters). This review ran in parallel with the later stages of the Inquiry into the Havelock North drinking water contamination of 2016. The Three Waters Review was published in January 2019. In 2019, the
Sixth Labour Government announced plans for regulatory changes in response to the Three Waters Review including establishing a new, dedicated drinking water regulator, extending regulatory coverage to all drinking water supplies; providing a multi-barrier approach to drinking water treatment and safety; strengthening government oversight of wastewater and stormwater services; and providing transitional arrangements for water suppliers to conform to the new regulations.
Taumata Arowai - Water Services Regulator A new regulator for drinking water services was created with the passing of the Taumata Arowai - Water Services Regulator Act in 2020. The new regulator
Taumata Arowai required that around 2,000 water suppliers must prepare a primary water safety plan, and set a deadline of November 2022. Around 1200 of the 2000 water suppliers were also required to produce a risk management plan dealing with the sources of their water, but many missed the deadline. By May 2023, only 750 plans had been received, although the plans that included a separate risk management covered 86% of the population, leaving only smaller suppliers who were yet to comply.
Three Waters reforms programme On 28 January 2020, the
Minister of Local Government,
Nanaia Mahuta, released Cabinet papers and minutes setting out intentions for reform of service delivery and funding arrangements for the three waters services nationwide. The Cabinet paper identified affordability and capability as two key challenges facing New Zealand's three waters service delivery infrastructure. The paper proposed transferring control and administration of three water provision services to a new entity that would focus on the provision of water services. The Government indicated that it would work with local government bodies to explore options for transitioning councils to new service delivery arrangements and investigate opportunities for collaborative approaches to water service delivery. On 27 October 2021, Mahuta confirmed that the Government would proceed with its "
Three Waters reform programme" to transfer management of storm water, drinking water and wastewater to four new entities by July 2024. These entities would be managed by independent boards jointly elected by a group set up by councils and Māori
iwi (tribes). By contrast,
Ngāi Tahu's Te Maire Tau, the co-chair of Te Kura Taka Pini (the tribe's freshwater group), welcomed the Three Water reforms, claiming they would improve water services and environmental outcomes. From November 2021, a working group of mayors and
Māori representatives reviewed issues of representation, governance and accountability, and reported back in March 2022 with 47 recommendations. In April 2022, the government accepted 44 of the recommendations. Key changes to the original proposals included providing shareholdings for councils in the four new water entities, and increased legislative protection against future privatisation of the water assets. The
Water Services Entities Act 2022 was passed in December 2022. In mid-April 2023, the Government announced a major overhaul of its Three Waters reform programme, renaming it the
Water Services Reform Programme. The proposed four water services entities were expanded into ten entities but would retain the same split
co-governance structure consisting of representatives of local councils and mana whenua representatives.
Local Water Done Well In mid-February 2024, the
National-led coalition government repealed the previous Labour Government's Three Waters legislation. The Government also announced that it would introduce its own water infrastructure reforms known as "
Local Water Done Well," which would emphasise local councils' ownership of water assets. In early August 2024, Brown announced that council-controlled organisations would be able to borrow money for water infrastructure from the Local Government Funding Agency. The Government also introduced its first Local Water Done Well bill which is expected to pass into law in August 2024. Under the legislation, local councils have a year to develop plans for funding water services they need and ensuring their financial sustainability. This legislation passed into law on 28 August 2024. ==Supply of drinking water==