The Water Services Act 2019 was part of New Zealand's broader Three Waters Reform, it was not repealed with the other Three Waters legislation following the change in government.  

The Act introduces significant changes and responsibilities for landowners who supply drinking water. Here are the key points relevant to landowners:

• Definition of Supplier: The Act broadens the definition of a water supplier to include anyone supplying water to others, even if it's just a neighbour. This includes private bore owners and those with small water schemes. 

If you have a bore on your property and it’s shared by a neighbour, then you are a water supplier.  

If you have a water supply on your property and it also supplies workers accommodation, then you are a water supplier.

• Registration and Compliance: Landowners who supply drinking water must register their supply with Taumata Arowai, the new water services regulator. You will need to develop and implement a drinking water safety plan and comply with drinking water standards, which include both safety and aesthetic (taste, smell, appearance) requirements.

• Risk Management: Suppliers are required to notify Taumata Arowai and local authorities of any risks or hazards to the water supply. They must maintain comprehensive records of their compliance and monitoring activities.

• Monitoring and Reporting: Water quality must be regularly tested in accredited laboratories, and suppliers must provide information and a complaints process for water consumers. This ensures transparency and accountability in water safety. The level and timing of testing will depend on how many end users are being supplied.

For example: A very small community (25 or less end users) needs to check for E. coli and total coliforms every six months. A Small supply (26 – 100 end users) needs to check for E. coli every three months.

• Penalties for Non-Compliance: Significant penalties exist for non-compliance, including fines up to $50,000 for individuals and $200,000 for corporate bodies. There is also provision for private prosecution if regulatory bodies do not act on complaints.

• Impact on Property Arrangements: The Act can complicate property arrangements and resource consents, especially for those with water easements or who supply water to others. This could lead to increased costs and administrative burdens.

Understanding these requirements is crucial for landowners to ensure they remain compliant with the regulations and avoid significant penalties. It may be time to review the easements registered on your title and look to share the supplier burdens with all users. For detailed guidance, contact your local Checketts McKay solicitor.