Hastings District Council

Bylaws Part 21 Water Supply

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Explanatory Note

This Part of this Bylaw defines the responsibilities of various class of consumer. It monitors the operations of the water supply system and develops preventive maintenance procedures to ensure the system is adequately protected from damage and contamination, at the same time providing conservation measures.

It also covers those functions which relate to the supply, continuity, connections and disconnections, fittings and materials, prevention of contamination and wastage of water, metering, fees and charges.

This part of the Bylaw is based on the New Zealand Standard Model General Bylaws Chapter 7 Water Supply (NZS 9201: Chapter 7:1994).

The Bylaw is made under the authority of the Local Government Act 2002.

1.0 SHORT TITLE AND COMMENCEMENT

1.1
The title of this bylaw is the Hastings District Council Water Supply Bylaw 2008, being part 21 of the Hastings District Council Bylaws.

This bylaw comes into force on 19 June 2008 and the Water Supply Bylaw being Part 21 of the former Hastings District Council Consolidated Bylaws 1995 is repealed.

RELATED DOCUMENTS

Reference is made in this document to the following:

BRITISH STANDARD

BS 5728;- Measurement of flow of cold potable water in closed conduits.
Part 3:1984 Methods for determining principal characteristics of meters

NEW ZEALAND LEGISLATION

Building Act 2004
Building Regulations 1992 (including the New Zealand Building Code)
Health Act 1956
Local Government Act 2002
Water Supplies Protection Regulations 1961
Local Government (Rating) Act 2002
Resource Management Act 1991

OTHER PUBLICATIONS

Drinking Water Standards for New Zealand 2005 (Board of Health)
Code of practice for fire fighting water supplies 2003 (New Zealand Fire Service).

1.0.1 SCOPE

This Bylaw is a New Zealand Standard model document which has been adjusted to suit local requirements prior to adoption by the Council. This includes:

(a) Filling gaps provided in text with appropriate wording;

(b) Deleting unwanted text in the either/or choices provided;

(c) Inserting any figures, items, terms and other wording from the Schedules or elsewhere into the text in the places provided.

Part 1 is intended to be model terms and conditions for the supply of water by a Water Supply Authority (WSA). It is designed to be a standard model, yet flexible enough to cater for the diversity of water supplies around New Zealand. A WSA may also modify it to "tailor-make" individual agreements to suit certain customers' particular requirements. Only matters which relate to the actual supply of water to an individual customer have been included.

Part 2 Model bylaw, covers matters dealing with the overall water supply system. It does not include matters which are covered in existing Legislation or Regulations. It is not intended as a complete listing of all the pieces of legislation which relate to the supply of water.

This Bylaw is made under the authority of Sections 145 and 146 of the Local Government Act 2002.

The Council is empowered by the Local Government Act 2002 to make Bylaws. So far as they are applicable, and are not contrary to the provisions of this Bylaw, the provisions of the Introductory Bylaw 2005 are incorporated into and form part of this bylaw.

1.0.2 DEFINITIONS

For the purpose of this Standard, unless inconsistent with the context, the following definitions apply:

AIR GAP SEPARATION means a minimum vertical air gap between the outlet of the water supply fitting which fills a storage tank, and the highest overflow water level of that storage tank.

APPROVED means approved in writing by the WSA, either by resolution of the Council or by any officer of the WSA authorised for that purpose.

BACKFLOW means a flow of water or other liquid through any service pipe or supply pipe in reverse direction to the normal supply flow.

COUNCIL means the Hastings District Council or a duly authorised officer of Council.

CUSTOMER means a person who uses, or has obtained the right to use or direct the manner of use of water supplied by the WSA to any premises.

DETECTOR CHECK VALVE is a check (non-return) valve which has a positive closing pressure and a metered bypass to measure flows typically associated with leakage or unauthorised use on a dedicated fire supply.

EXTRAORDINARY SUPPLY. Refer to 1.3.4.1

LEVEL OF SERVICE means the measurable performance standards on which the WSA undertakes to supply water to its customers.

ON DEMAND SUPPLY. Refer to 1.3.4.1

ORDINARY SUPPLY. Refer to 1.3.4.1

PERSON includes a corporation sole and also a body of persons whether corporate or uncorporate.

POINT OF SUPPLY. Refer to 1.3.3.

POTABLE means complies with the Health Criteria of the Drinking Water Standards for New Zealand.

PREMISES means:

(a) A property or allotment which is held under a separate certificate of title or for which a separate certificate of title may be issued and in respect to which a building consent has been or may be issued; or

(b) A building that has been defined as an individual unit by a cross-lease, unit title or company lease and for which a certificate of title is available; or

(c) Land held in public ownership (e.g. reserve) for a particular purpose.

PUBLICLY NOTIFIED means published on one occasion in one daily newspaper circulating in the WSA water supply area; or under emergency conditions in the most effective way to suit the particular circumstances.

RANGER means that person responsible for the management of a WSA controlled catchment area or water reserve.

RESTRICTED FLOW SUPPLY. Refer to 1.3.4.2.

RESTRICTOR means a control device fitted to the service pipe to regulate the flow of water to a customer's premises.

ROADING AUTHORITY means either a Territorial Authority or Transit New Zealand.

SCHEDULE OF RATES AND CHARGES means the list of items, terms and prices for services associated with the supply of water as approved by the WSA.

SERVICE PIPE means that section of water pipe between a watermain and the point of supply. This section of pipe is owned and maintained by the WSA.

STORAGE TANK means any tank, having a free water surface under atmospheric pressure to which water is supplied across an air gap separation.

SUPPLY PIPE means that section of pipe between the point of supply and the customer's premises through which water is conveyed to the premises. This section of pipe is owned and maintained by the customer.

UNIT is the basis of measurement for a restricted flow supply. One unit equals a volume of 1.0m3/day.

TERMINATION means the physical cutting off of the supply to a premises.

WATER SUPPLY AUTHORITY (WSA) is the Operational unit of the Council responsible for the supply of water, including its authorised agents.

PART 1 MODEL SUPPLY TERMS AND CONDITIONS

TERMS AND CONDITIONS FOR THE SUPPLY OF WATER

1.1

INTRODUCTION

1.1.1

The following terms and conditions are made under the authority of the Local Government Act 2002 for the supply of water to its customers by The Water Supply Authority (WSA).

1.1.2

The supply and sale of water by the WSA is subject to:

(a) Statutory Acts and Regulations

(i) Health Act 1956

(ii) Water Supplies Protection Regulations 1961

(iii) Local Government Act 2002

(iv) Local Government (Rating) Act 2002

(v) Building Act 2004

(vi) Resource Management Act 1991

(vii) Building Regulations 1992 (including the New Zealand Building Code.

(b) Codes and Standards

(i) Drinking Water Standards for New Zealand 2005 (Board of Health)

(ii) BS 5728 Measurement of flow of cold potable water in closed conduits

Part 3: 1984 Methods for determining principal characteristics of meters

(iii) Code of practice for fire fighting water supplies 2003 (New Zealand Fire Service).

1.2

Acceptance and duration

1.2.1

Any person being supplied, or who has made application to be supplied, with water by the WSA is deemed to accept these terms and conditions, and any subsequent amendments.

1.2.2

These terms and conditions shall come into effect on 19 June 2008, for customers receiving a supply at that date, and from the date of receipt of supply for customers connected thereafter. They shall remain in force, together with any amendments made under section 1.6, until further notice.

1.3

Conditions of supply

1.3.1

Application for supply

1.3.1.1

Every application for a supply of water shall be made in writing on the standard WSA form together with the prescribed charges. The applicant shall provide all the details required by the WSA.

1.3.1.2

Within 10 working days of the receipt of an application complying with these Terms and Conditions the WSA shall, after consideration of the matters in 1.3.4 and 1.3.5, either:

(a) Approve the application and inform the applicant of the type of supply, the size of the connection, any particular conditions he/she shall meet, and the general Terms and Conditions (including level of service) under which water will be supplied; or

(b) Refuse the application and notify the applicant of the decision giving the reasons for refusal.

1.3.1.3

For the agreed level of Service to the applicant, the WSA will determine the sizes of all pipes, fittings and any other equipment, up to the point of supply. The WSA will supply, install and maintain the Service Pipe up to the Point of Supply.

1.3.1.4

The applicant must have the authority to act on behalf of the owner of the premises for which the supply is sought, and shall produce written evidence of this if required.

1.3.1.5

A new application for supply shall be required if a customer wishes to change his/her level of service.

1.3.1.6

An approved application for supply which has not be actioned within 6 months of the date of application will lapse unless otherwise approved. Any refund will be at the discretion of the WSA.

1.3.2

Deposits

The WSA may require a deposit to be paid for the supply of water. The amount of the deposit shall be in accordance with the WSA current schedule of rates and charges, and credited to the customer.

1.3.3

Point of supply

1.3.3.1

Single ownership

1.3.3.1.1

The point of Supply to an individual customer is the point on the Service Pipe which marks the boundary of responsibility between the customer and the WSA, irrespective of property boundaries. For single dwelling units it shall be located as shown in figure 1 or as close as possible where fences, walls or other permanent structures make it difficult to locate it at the required position. Other positions shall require specific approval.

1.3.3.3

Multiple ownership

1.3.3.3.1

The Point of Supply for the different forms of multiple ownership of premises and/or land shall be as follows:

(a) For Company Share/Block Scheme (Body Corporate) - as for single ownership.

(b) For Leasehold/Tenancy in Common Scheme (Cross Lease), Strata Title, and Unit Title (Body Corporate) - each owner shall have an individual supply with the point of supply determined by agreement with the WSA. In specific cases other arrangements may be acceptable subject to individual approval.

1.3.3.3.2

For a multiple ownership supply which was in existence prior to the coming into effect of these terms and conditions, the point of supply shall be the arrangement existing at that time, or as determined by agreement with the WSA for an individual case.

1.3.4

Types of supply

1.3.4.1

An On Demand Supply is a supply which is available on demand directly from the Point of Supply subject to the agreed Level of Service. There are two categories, which are defined by bylaw and may be amended from time to time.

(a) Ordinary supply

The supply of water to a customer which is used solely for domestic purposes in the dwelling unit shall be deemed to be an Ordinary Supply. Such purposes shall include the use of a hose for:

(i) Washing down a car, boat etc,

(ii) Garden watering by hand

(iii) Garden watering by a portable sprinkler (subject to the provisions of 1.3.7.2)

(iv) Fixed garden irrigation up to 20mm diameter.

(b) Extraordinary supply

All other purposes for which water is supplied other than Ordinary Supply shall be deemed to be an Extraordinary Supply and may be subject to specific conditions and limitations. Such purposes shall include:

(i) Domestic - spa or swimming pool in excess of 25 m3capacity.

(ii) Commercial and business

(iii) Industrial

(iv) Fire protection systems

(v) Out of district
(vi) Temporary supply

1.3.4.2

Restricted flow supply

1.3.4.2.1

A Restricted Flow Supply is defined as one where a small continuous flow is supplied by a flow control device across an Air Gap Separation, and storage is provided by the customer to cater for his/her demand fluctuations. Restricted flow shall only be available to premises within a designated area, or under special conditions set by the WSA.

1.3.4.2.2

The supply shall be measured on the basis of an agreed number of units supplied at a uniform flow rate.

1.3.5

On demand supply

1.3.5.1

Entitlement

1.3.5.1.1

Every premises shall be entitled to an Ordinary Supply of water, subject to:

(a) The premises lying within a Water Supply Area if such an area has been constituted by the WSA under the Local Government Act 1974, and

(b) The exclusion of its use for garden watering under any restrictions made by the WSA under 1.3.7.2, and

(c) Payment of the appropriate charges in respect of that property, and

(d) These Terms and Conditions, and

(e) Any other charges or costs associated with subdivisional development.

1.3.5.1.2

The WSA shall be under no obligation to provide an extraordinary supply of water, (refer also to the provisions of 1.3.7 and 1.3.9.2).

1.3.5.2

Metering

1.3.5.2.1

An ordinary supply of water shall not normally be metered (subject to the WSA reserving the right to fit a meter and charge accordingly where it considers water use is excessive), and the cost of such supply shall be as resolved by the Council, in accordance with the Local Government (Rating) Act 2002
An extraordinary supply shall be normally metered and charged for in accordance with 1.4.8.

Both ordinary and extraordinary supplies of water shall normally be metered and charged for in accordance with 1.4.8. Alternatively the WSA may levy rates in accordance with the Local Government (Rating) Act 2002.

1.3.6

Level of service

1.3.6.1

Annual Plan

The WSA shall provide water in accordance with the Level of Service contained in the Annual Plan of the Council. For those periods where the level of service allows non-compliance with the specified value(s), the WSA will make every reasonable attempt to achieve the specified value(s).

1.3.6.2

Uninterrupted service

If a customer has a particular requirement for an uninterrupted level of service (flow, pressure or quality), it will be the responsibility of that customer to provide any necessary storage, back up facilities, or equipment.

1.3.7

Continuity of supply

1.3.7.1

Supply

1.3.7.1.1

The WSA does not guarantee an uninterrupted or constant supply of water, or maintenance of an existing pressure which is in excess of an agreed level of service, but shall do its best to meet the continuity of supply levels of 1.3.6.1, subject to the exemptions contained in 1.3.7.2 and 1.3.7.3 Refer also to 1.3.6.2.

1.3.7.2

Demand management

The customer shall comply with any garden watering restrictions which may be approved by the WSA to manage high seasonal or other demands. Such restrictions will be publicly notified.

1.3.7.3

Emergency

1.3.7.3.1

Natural hazards (such as floods, droughts or earthquakes) or accidents which result in disruptions to the supply of water, shall be deemed an emergency and shall be exempted from the level of service requirements of 1.3.6.1.

1.3.7.3.2

During an emergency the WSA may restrict or prohibit the use of water for any specified purpose, for any specified period, and for any or all of its customers. Such restrictions shall be publicly notified. The WSA may enact penalties over and above those contained in these terms and conditions to enforce these restrictions. The decision to make and lift restrictions, and to enact additional penalties, shall be made by the Council, or where immediate action is required by the Manager of the WSA subject to subsequent Council ratification.

1.3.7.4

Scheduled maintenance and repair.

Wherever practical the WSA will make every reasonable attempt to notify the customer of a scheduled maintenance shutdown of the supply before the work commences. Where immediate action is required and this is not practical, the WSA may shutdown the supply without notice.

1.3.8

Liability

1.3.8.1

The WSA shall meet the Level of Service requirements of 1.3.6.1, but it shall not be liable for any loss, damage, or inconvenience which the customer (or any person using the supply) may sustain as a result of deficiencies in, or interruptions to the water supply.

1.3.8.2

Without prejudice to the above the WSA may, under certain circumstances and solely at its discretion, make payments for damage caused to equipment, appliances, processes, and materials as a direct result of a variation in the water supply; provided that any such equipment or appliances have been designed to cater for reasonable variations in the flow, pressure and quality of the water supply.

1.3.8.3

Any such payment shall be in full and final settlement of any claim the customer may have against the WSA.

1.3.9

Fire protection connection

1.3.9.1

Connection application

Any proposed connection for fire protection shall be the subject of a separate application (on the standard WSA form) to the WSA for approval. Any such connection shall be subject to the terms and conditions specified by the WSA.

1.3.9.2

Supply

The WSA shall be under no obligation to provide a fire protection supply at any particular flow or pressure

1.3.9.3

Metering

1.3.9.3.1

In any case where supply of water to any premises is metered the WSA may allow supply of water for the purposes of fire fighting to be made in a manner which by-passes the meter, provided however that the drawing of water will only be permitted in the following circumstances:

(a) To systems in which the drawing of water is only possible in connection with the sounding of an automatic fire alarm or the automatic notification of the fire brigade, or

(b) Where a WSA approved Detector Check Valve has been fitted on the meter bypass.

1.3.9.3.2

For a fire connection installed prior to the coming into effect of these terms and conditions which is so constructed or so located that it is likely or possible that water will be drawn from it or from any part of it by any person for purposes other than fire fighting, the WSA may install a water meter suitable for the purpose on such a connection.

1.3.9.4

Sprinkler systems

Any fire sprinkler system shall be constructed, installed and maintained in good order, and shall be so designed and fixed that water cannot be drawn therefrom for any other purpose.

1.3.9.5

Fire hose reels

In any case where supply of water to any premises is metered, fire hose reels shall be connected only to an uninterrupted supply.

1.3.9.6

Charges

Water used for the purpose of extinguishing fires will be supplied free of charge. Whenever water has been used for fire fighting purposes, the customer may estimate the quantity of water so used, and subject to approval, a sum based on such estimate at the appropriate charge rate shall be credited to the customer's account.

1.3.10

Backflow prevention

Notwithstanding 1.4.6 the WSA may (at its cost) fit a backflow prevention device on the WSA side of the Point of Supply.

1.3.11

Meters and flow restrictors

1.3.11.1

Installation

1.3.11.1.1

Meters for On Demand metered supplies, and restrictors for Restricted Flow Supplies, shall be supplied installed and maintained by the WSA. These devices shall remain the property of the WSA.

1.3.11.1.2

For On Demand supplies which are not metered, the WSA reserves the right to fit a meter and charge accordingly where it considers water use is unusually high.

1.3.11.2

Location

Meters and restrictors will be located in a position which is readily accessible for reading and maintenance, and if practicable immediately on the WSA side of the Point of Supply, (see figure 2).

1.3.11.3

Accuracy

1.3.11.3.1

The accuracy of meters and restrictors shall be tested as and when required by the WSA to ensure performance within ±4% of its reading (meters), or within ±10% of its rated capacity (restrictors).

1.3.11.3.2

A customer who disputes the accuracy of a meter or restrictor may apply to the WSA for it to be tested provided that it is not within 3 months of the last test. If the test shows non compliance with the accuracy requirement above then the customer will not be charged for the test. If the test shows compliance then the customer shall pay a fee in accordance with the WSA current schedule of rates and charges.

1.3.11.3.3

Meters shall be tested by running a measured quantity of not less than 400 litres through the meter in accordance with BS 5728: Part 3. Restrictors shall be tested by measuring the quantity that flows through the restrictor in a period not less than 1 hour at its normal operating pressure. A copy of independent certification of the test result will be made available to the customer on request.

1.3.11.4

Adjustment

Should any meter, after being tested, be found to register a greater or lesser consumption that the quantity of water actually passed through such a meter the WSA shall make an adjustment in accordance with the results shown by such tests backdated for a period at the discretion of the WSA but not exceeding 12 months, and the customer shall pay a greater or lesser amount according to such an adjustment.

1.3.11.5

Estimating consumption

1.3.11.5.1

Should any meter be out of repair or cease to register, or be removed, the WSA shall estimate the consumption for the period since the previous reading of such meter, (based on the average of the previous 4 billing periods charged to the customer) and the customer shall pay according to such an estimate. Provided that when by reason of a large variation of consumption due to seasonal or other causes, the average of the previous 4 billing periods would be an unreasonable estimate of the consumption the WSA may take into consideration other evidence for the purpose of arriving at a reasonable estimate, and the customer shall pay according to such an estimate.

1.3.11.5.2

If metering indicates a significant increase in consumption to a premises, which is established as being caused by a previously unknown leak, the WSA may estimate consumption as provided above, providing that the customer repairs the leak with due diligence.

1.3.11.5.3

Where the seal or dial of a meter is broken, the WSA may declare the reading void and estimate consumption as provided above.

1.3.11.6

Incorrect accounts

1.3.11.6.1

Where a situation occurs, other than as provided for in 1.3.11.5 where the recorded consumption does not accurately represent the actual consumption on a property then the account shall adjusted using the best information available to the WSA. Such errors include, but are not limited to, misreading of the meter, errors in data processing, meters assigned to the wrong account, and unauthorised supplies.

1.3.11.6.2

Provided that where an adjustment is required, in favour of the WSA or the customer, this shall not be backdated more than 12 months from the date the error was detected.

1.3.12

Disconnection

1.3.12.1

The supply of water to any customer may be disconnected (or have the flow restricted in some way) by the WSA in the event of:

(a) Failure to pay the appropriate charges by the due date;

(b) Failure to repair a leak, or in any way wilfully allow water to run to waste or be misused;

(c) Interference with the WSA supply system;

(d) The fitting of quick-closing valves (subject to 1.4.1);

(e) Failure to prevent backflow (refer 1.4.6);

(f) Non compliance with, or breach of, any other requirements of these terms and conditions.

1.3.12.2

Refer to 1.5.1 for disconnection and reconnection procedures.

1.4

Customer responsibilities

1.4.1

Plumbing system

1.4.1.1

The customer's plumbing system shall be designed, installed and maintained, both in its component parts and its entirety, to ensure that it complies with the Building Act 2004 and the New Zealand Building Code.

1.4.1.2

Quick-closing valves of any kind, or any other equipment which may cause pressure surges to be transmitted, shall not be used on any piping directly connected to the Service Pipe, that is, in any position where they are required to close against mains pressure. In some specially approved circumstances they may be used, provided a suitable air chamber is fitted in the Supply Pipe as may be required in the particular case. In special circumstances non-concussive types of valve may be used as approved by the WSA.

1.4.1.3

In accordance with the New Zealand Building Code the plumbing system shall be compatible with the water supply. Specific features of the WSA supply which need to be taken into account are contained in Table 1.

TABLE I

Feature

Value

Maximum pressure

120 metres head (1180kPa)


1.4.2

Change of use

Where a change in the end use of water supplied to a premises occurs, and/or the supply changes from an ordinary to an extraordinary type (refer to 1.3.4.1) or vice versa, a new application for supply shall be required.

1.4.3

Access

1.4.3.1

Point of supply

1.4.3.1.1

The customer shall allow the WSA access to an about the Point of Supply between 7.30 a.m. and 6 p.m. on any day for:

(a) Meter reading without notice;

(b) Checking, testing and maintenance work with notice being given whenever possible.

1.4.3.1.2

Outside these hours (e.g. for leak detection) the WSA will give notice to the customer.

1.4.3.1.3

Under emergency conditions the customer shall allow the WSA free access to and about the Point of Supply at any hour.

1.4.3.1.4

Where access is not made available for any of the above and a return visit is required by the WSA, a rate in accordance with the "Meter reading by appointment" item may be charged.

1.4.3.2

Inspection

The Customer shall allow the WSA with or without equipment, access to any area of the premises for the purposes of determining compliance with these Terms and Conditions.

1.4.4

WSA equipment

1.4.4.1

Care of equipment

The customer shall take due care to protect from damage the WSA equipment up to the Point of Supply, including pipework, valving, meters and Restrictors.

1.4.4.2

Maintenance of access

The customer shall maintain the area in and around the point of supply free of soil, growth, or other matter, or obstruction which prevents, or is likely to prevent convenient access.

1.4.5

Prevention of waste

1.4.5.1

The customer shall prevent and not intentionally allow water to run to waste from any pipe, tap or other fitting.

1.4.5.2

The customer shall not use water or water pressure directly from the supply for driving lifts, machinery, educators, generators, condensers or any other similar device; unless specifically approved.

1.4.6

Backflow prevention

1.4.6.1

It is the customer's responsibility (under the Building Act 2004, and the Water Supplies Protection Regulations 1961), to take all necessary measures on the customer's side of the Point of Supply to prevent water which has been drawn from the WSA's water supply from returning to that supply.

1.4.6.2

For premises covered by the Building Act 2004 this includes:

(a) Backflow prevention either by providing an adequate air gap, or by the use of a backflow prevention device which complies with the New Zealand Building Code;

(b) The prohibition of any direct cross connection between the WSA water supply (potable) and

(i) Any other water supply (potable or non-potable)
(ii) Any other water source
(iii) Any storage tank
(iv) Any other pipe, fixture or equipment containing chemicals, liquids, gases, or other non-potable substances.

1.4.6.3

Customers with supplies serving premises not covered by the Building Act 2004 and the New Zealand Building Code, e.g. stock or horticultural water supplies, shall comply with the relevant sections of the Water Supplies Protection Regulations 1961 regarding protection of potable water.

1.4.7

Fire protection supply

1.4.7.1

Fire fighting

Where an unmetered connection has been provided to supply water to a fire protection system (including hydrants) this shall be used for no other purpose than fire fighting and testing the fire protection system.

1.4.7.2

Adequacy of supply

It shall be the customer's responsibility to ascertain and monitor whether the fire protection supply available is adequate for the intended purpose.

1.4.8

Payment

1.4.8.1

The customer shall be liable to pay for the supply of water and related services in accordance with the WSA current schedule of rates and charges.

1.4.8.2

The items included in the schedule, and the terms on which they will be charged are contained in table 2.

1.4.9

Transfer of rights and responsibilities

1.4.9.1

The customer shall not transfer to any other party the rights and responsibilities provided for under these Terms and Conditions.

1.4.9.2

A Supply Pipe shall serve only one customer, and shall not extend by hose or any other pipe beyond that customer's property.

1.4.9.3

In particular and not in limitation of the above any water which the customer draws from the WSA supply shall not be provided to any other party without approval.

1.4.10

Change of ownership

In the event of a premises changing ownership the WSA will automatically record the new owner as being the customer at that premises. Where a premises is metered the outgoing customer shall give the WSA 48 hours notice to arrange a final reading.

1.4.11

Termination

The customer shall give 48 hours notice in writing to the WSA of his/her requirement for termination of the supply.

1.5

Breaches, offences and disputes

1.5.1

Breach of terms and conditions

1.5.1.1

The following may be taken by the WSA as a breach of these Terms and Conditions to supply and receive water;

(a) An incorrect application for supply which fundamentally affects the Terms and Conditions:

(b) Failure by the customer to meet and comply with these Terms and Conditions;

(c) Failure to meet any obligation placed on the customer under all current Acts and Regulations specified in 1.1.2(a);

(d) Frustration of the WSA's ability to adequately and effectively carry out its obligations;

(e) An act or omission as provided in 1.3.12.

1.5.1.2

In the event of a breach, the WSA will serve notice on the customer advising the nature of the breach and the steps to be taken to remedy it. If after 1 week, the customer persists in the breach, the WSA reserves the right to disconnect the supply without further notice. In such an event the supply will be reconnected only after payment of the appropriate reconnection fee and remedy of the breach to the satisfaction of the WSA.

1.5.1.3

In addition, if the breach is such that the WSA is required to disconnect the supply for health or safety considerations, such disconnection will be carried out forthwith.

1.5.2

Interference with equipment

Any tampering or interfering with WSA equipment, either directly or indirectly, shall constitute an offence. Without prejudice to its other rights and remedies, the WSA shall be entitled to estimate (in accordance with 1.3.11.5) and charge for the additional water consumption not recorded or allowed to pass where a meter or restrictor has been tampered with, and recover any costs incurred.

1.5.3

Penalties

Without prejudice to the above the WSA may pursue any legal steps it is authorised to take.

1.6

Right to vary

These Terms and Conditions may be varied from time to time, by a special order process by the Council.

PART 2 MODEL BYLAW

2.1

Introduction

Part 2 addresses those matters relating to the supply of water which require enactment by bylaw. It generally covers the overall water supply system, excluding those matters which relate to the actual supply of water to an individual customer. It also defines the types of supply for On Demand Supplies for the purposes of the Local Government (Rating) Act 2002.

2.2

Types of supply

For On Demand Supplies ( a supply which is available on demand directly from the Point of Supply subject to an agreed Level of Service) there shall be 2 types of supply defined as:

(a) Ordinary supply

The supply of water to a customer which is used solely for domestic purposes in the dwelling unit shall be deemed to be an Ordinary Supply. Such purposes shall include the use of a hose for:

(i) Washing down a car, boat etc

(ii) Garden watering by hand

(iii) Garden watering by a portable sprinkler (subject to the provisions of 1.3.7.2).
(iv) Fixed garden irrigation up to 20mm diameter.

(b) Extraordinary supply

All other purposes for which water is supplied other than Ordinary Supply shall be deemed to be an Extraordinary Supply and may be subject to specific conditions and limitations. Such purposes shall include:

(i) Domestic - spa or swimming pool in excess of 10 m3capacity

(ii) Commercial and business

(iii) Industrial

(iv) Fire protection systems

(v) Out of district

(vi) Temporary supply

2.3

Supply system

2.3.1

No person to connect to system

No person other than the authorised agents of the WSA, shall without express approval, make any connection to or otherwise interfere with any part of the water supply system.

2.3.2

Fire Hydrants

2.3.2.1

The right to gain access to, and draw water from, fire hydrants shall be restricted to:

(a) The WSA or its agents;
(b) Fire service personnel
(c) Fire hydrant permit holders during the period for which the permit has been issued

2.3.2.2

Without prejudice to other remedies available, the WSA may remove and hold any equipment used by an offender to gain access to, or draw water from, a fire hydrant.

2.3.3

Working around buried services

2.3.3.1

The WSA shall keep accurate permanent records (as-builts) of the location of its buried services. This information shall be available for inspection (with copies available if required), at no cost to users. Charges may be levied to cover the costs of making copies available.

2.3.3.2

Any person proposing to carry out excavation work shall view the as-built information to establish whether or not WSA services are located in the vicinity. At least 2 days notice in writing shall be given to the WSA of an intention to excavate in the vicinity of its services. Where appropriate the WSA will mark out to within ±0.5m on the ground the location of its services, and may nominate in writing any restrictions on the work it considers necessary to protect its services. The WSA may charge for this service.

2.3.3.3

When excavating and working around buried services due care shall be taken to ensure the services are not damaged, and that bedding and backfill is reinstated in accordance with the appropriate WSA specification. Excavation within roadways is also subject to the permit process of the appropriate roading authority.

2.3.3.4

Any damage which occurs to a WSA service shall be reported to the WSA immediately. Repair costs may be charged for.

2.4

Protection of supply

2.4.1

Catchment classes

Catchment area from which untreated water is drawn for the purposes of water supply are divided into the following classes:

(a) Controlled
(b) Restricted
(c) Open

These may apply to both surface water and/or groundwater catchments.

2.4.2

Controlled catchments

2.4.2.1

Entry

Catchment areas which are designated as controlled, or any area held by the WSA as a water reserve, shall not be entered by any person except those specifically authorised or permitted in writing by the WSA. Within such areas no person shall:

(a) Camp;
(b) Take or allow to stray any livestock;
(c) Bathe or wash any thing;
(d) Deposit any dirt, rubbish, or foul material of any kind;
(e) Defecate (unless buried away from any watercourse to a depth of not less than 150mm).

2.4.2.2

Permits

Entry permits shall forbid, regulate or control the following activities:

(a) Hunting, trapping, shooting or fishing;
(b) Lighting or maintaining any fire;
(c) Taking any dog;
(d) Damaging or destroying any trees, shrubs, or other existing cover, or interference with any property;
(e) Carrying of any firearm or weapon of any kind, any trap or any fishing gear which may be used for the hunting or catching of birds, fish or animals; or
(f) Use of any pesticide or toxic substances for any purpose whatsoever.

A person may be required to present a medical clearance before an entry permit can be issued.

2.4.2.3

Permits to be presented

2.4.2.3.1

No person to whom any permit has been issued shall enter or leave any controlled catchment area or land held by the WSA as a water reserve without presenting such permit for inspection by the WSA Ranger and notifying the Ranger of his/her intention of entering or leaving such area as the case may be.

2.4.2.3.2

Every person on any controlled catchment area or land held by the local authority as a water reserve shall upon demand produce any such permit for inspection by the ranger.

2.4.2.3.3

No permit issued shall be capable of being transferred.

2.4.2.3.4

The WSA may at any time, by notice in writing delivered to the holder, revoke or suspend any such permit for such time as shall be stated in such notice.

2.4.2.4

Against interference and obstruction

In any controlled catchment area or any land held by the WSA as a water reserve:

(a) No person whether holding any permit issued under the provisions of this part of this Bylaw or not (other than a duly appointed officer of the WSA), shall commit or cause or permit to be committed any act which may interfere with or be likely to interfere with the free and lawful exercise of any rights vested in any other person in any such area.

(b) Every person shall upon the request of the ranger or other officer of the WSA immediately leave the controlled catchment area or land held by the WSA as a water reserve, but shall nevertheless be liable also to be prosecuted for the breach of any of the provisions of this Part of this Bylaw, and the failure so to leave shall constitute a further offence.

(c) No person shall obstruct or hinder any duly appointed officer of the WSA in the exercise of any powers vested in that officer under the provisions of this Part of this Bylaw.

2.4.3

Restricted catchments

Catchment areas which are designated as restricted shall allow for certain activities, but shall be as for controlled catchments for other activities. Activities which will be allowed may include unrestricted entry for:

(a) Tramping
(b) Hunting
(c) Trapping
(d) Shooting
(e) Fishing

2.4.4

Open Catchments

Catchment areas which are designated as open will not restrict or control activities which may occur. However in the event of a spillage, or other event which has released or is likely to release hazardous substances into the waters of the catchment, the WSA shall be advised of the details with due urgency. This requirement shall be in addition to those other notification procedures to other authorities which are required.

Private Bag 9002, Hastings, New Zealand. Ph +64 06 878 0500 Fax +64 06 878 0555