Exemptions
A drinking water supplier may apply for an exemption from some of the requirements in the Water Services Act 2021.
For some drinking water suppliers, it may be unreasonable or impractical to comply with all requirements in the Act. Suppliers can apply for an exemption from one or more of the requirements in the Act.
When you are seeking an exemption, you must explain to the Water Services Authority – Taumata Arowai (the Authority) how your exemption will be consistent with the main purpose of the Act, which is to ensure that drinking water suppliers provide safe drinking water to consumers. You’ll also need to tell us how you would manage risks affecting your drinking water supply if an exemption was granted.
You will need to provide reasons and supporting evidence of why you are seeking an exemption, where either:
- compliance with the relevant requirement is impracticable, inefficient, unduly costly, or unduly burdensome, taking into account the nature of the supply or characteristics of the supplier
- the exemption is minor or technical.
For example, if the exemption you are applying for is minor or technical, you will need to explain why the issue is minor or technical and how consumers will receive safe drinking water.
Fees and charges
Exemptions can be issued for a maximum of 15 years and may have conditions that suppliers must comply with. Applications are subject to fees and charges set through regulations.
Use this form to apply for an exemption.
Types of exemptions
The types of exemptions that drinking water suppliers can apply for are:
General exemptions
General exemptions allow drinking water suppliers to be exempt from complying with one or more of a specified range of legislative requirements. In some situations, it may be unreasonable or impracticable to comply with particular requirements. An exemption can only be granted if it is consistent with the main purpose of the Act, which is to ensure that drinking water suppliers provide safe drinking water to consumers.
Residual disinfection exemptions
Residual disinfection exemptions allow drinking water suppliers with piped supply networks to supply drinking water without using residual disinfectants like chlorine. Chlorine is the most common form of residual disinfection for drinking water.
A residual disinfection exemption may apply to all or a part of a supply. This sort of exemption can only be granted if it is consistent with the main purpose of the Act and if all other legislative requirements will be complied with, including the duty to provide safe drinking water. The purpose of exemptions (s 58A) in the Act must also be met – that means compliance with the relevant requirement is impracticable, inefficient, unduly costly, or unduly burdensome or the exemption is minor or technical.
You must provide, with your application, a draft drinking water safety plan, or other documents which describe how you intend to operate your supply safely without using residual disinfection.
As part of its assessment, the Authority may refer residual disinfection exemption applications to a Technical Advisory Panel.
Class exemptions
General or residual disinfection exemptions can be for individual drinking water suppliers or for a class of drinking water supplier. Any supplier who comes within the description of the class can choose to rely on the published exemption, without having to make a new exemption application. Before a class exemption is granted, we must consult with the public.
Guidance
In this section you'll find guidance on applying for an exemption, including the application and decision-making processes and what information is required.
There are two kinds of exemptions covered by this guidance. An individual drinking water supplier can apply for either:
- general exemptions under section 57 of the Actoutbound
- exemptions from the requirement to use residual disinfection in a reticulated drinking water supply, under section 58 of the Act.outbound
In either case, an application can be made in relation to a single drinking water supply, multiple supplies or on behalf of a class of drinking water supplier. Guidance on class exemptions is set out below.
Background
The main purpose of the Water Services Act 2021outbound is to ensure that drinking water suppliers provide safe drinking water to consumers. This is achieved in a number of ways, including requiring drinking water suppliers to ensure that drinking water complies with drinking water standards and compliance rules.
The Act is designed for the majority of suppliers and water supplies. But the Act also recognises that for some suppliers it may be disproportionate to the scale, complexity and risk profile of their water supply to comply with all of the legislative requirements. Suppliers may be able to operate in alternative ways, while still being consistent with the main purpose of the Act. In such cases, the Chief Executive of the Water Services Authority – Taumata Arowai, or their delegate, has the discretion to exempt suppliers from the need to comply with specified legislative requirements.
Exemptions exclude requirements that ordinarily apply to drinking water suppliers as part of the statutory scheme. The power to exempt drinking water suppliers from requirements that Parliament has otherwise imposed must be exercised carefully. The Authority takes the approach that they should be used sparingly and to solve exceptional problems or respond to exceptional circumstances, where other options have been discounted, rather than as a business-as-usual tool. The statutory scheme supports this approach.
When assessing and making decisions on exemption applications, the Authority and its decision-makers will also be guided by our objectives and operating principles as set out in ss 10 and the Water Services Authority – Taumata Arowai Act 2021outbound.
General exemption
A general exemption excuses a drinking water supplier from the need to meet one or more of the legislative requirements listed in s 57 outbound of the Act.
A general exemption may be granted, subject to conditions.
If an application is made to exempt a class of drinking water supplier, the Chief Executive must consult the public in relation to the proposed general exemption.
If a general exemption is granted, the affected drinking water supplier is exempt from compliance with one or more of the following requirements in the Act in respect of a drinking water supply or supplies:
- supplying safe drinking water
- complying with drinking water standards
- taking reasonable steps to provide aesthetically acceptable drinking water
- providing a sufficient quantity of drinking water to consumers at each point of supply
- protecting against the risk of backflow
- requirements relating to end-point treatment
- having a drinking water safety plan
- keeping records
- providing information to consumers and having a consumer complaints process.
The drinking water supply must still be registered, and the registration must be renewed every five years.
Residual disinfection exemption
A residual disinfection exemption exempts drinking water suppliers from the default requirement to use residual disinfection (e.g. chlorine) in their reticulated supply, or in any part of their supply that includes reticulation.
A drinking water supply is made up of the infrastructure and processes used to abstract, store, treat or distribute drinking water to consumers or another drinking water supplier. A drinking water supplier may apply for a residual disinfection exemption for:
- a supply that includes reticulation
- a part or parts of a supply that includes reticulation, including treatment plants and distribution zones, that can be distinguished from the rest of the supply
- for a process, such as a requirement for contact time, that is part of a supply that includes reticulation.
To be granted an exemption, an applicant must satisfy the Chief Executive that an exemption is consistent with the main purpose of the Act and that their drinking water will comply with all other legislative requirements and their drinking water safety plan on an ongoing basis. The purpose of exemptions (s 58A) in the Act must also be met – that means compliance with the relevant requirement is impractical, inefficient, unduly costly, or unduly burdensome or the exemption is minor or technical.
A residual disinfection exemption may be granted, subject to conditions.
If an application is made to exempt a class of drinking water supplier, the Chief Executive must also consult the public in relation to the proposed residual disinfection exemption.
Class of supplier exemption
Exemptions can apply to an individual drinking water supplier or a class of drinking water supplier. This is the case for both general exemptions and residual disinfection exemptions.
The decision maker must consult with the public before granting a class of supplier exemption. The consultation requirements are set by s 53 of the Act and must include:
- adequate and appropriate notice of a proposed exemption for a class of supplier
- a reasonable opportunity for interested people to make submissions
- appropriate consideration of submissions received.
Class of supplier is not specifically defined in the Act. It will be for an applicant or group of applicants to consider whether the drinking water supplies that they operate are so alike that one exemption could be applied to all of them as a single ‘class’.
The determining factors as to whether there is a class of supplier will be based on the features of the drinking water supplies that they operate. The features that may be relevant include the:
- population served by the supply
- nature of the water source (e.g. surface water, ground water or rainwater)
- general environmental surroundings that may impact on the water quality (e.g. intensive livestock farming area or a built-up residential suburb)
- method of abstraction and water treatment
- type of treatment plant and equipment used
- method of storage, reticulation or delivery of water to consumers.
An application must clearly set out the common supply features required for an exemption to apply to all supplies of that class. A class of supplier exemption won’t apply if, despite being generally similar, a supply includes components or features in addition to those that are alike, and the additional features may significantly affect the performance of the drinking water supply or its associated risks.
It’s each supplier’s choice whether they seek or rely on an exemption. A supplier may choose to meet the requirements of the Act in other ways, regardless of whether their supply fits the criteria of a ‘class of supplier’ exemption.
The principles for considering class exemptions are outlined below.
- An application must clearly describe all the common features that relate to the performance and risks of the supplies covered in the application.
- The Authority will engage with people who are considering an application for a class of supplier exemption to assist them in deciding whether to apply for individual exemptions or a class of supplier exemption. It will be for the applicant(s) to decide how to frame their application.
- For administrative convenience, an individual supplier can make one application to exempt multiple supplies with common characteristics – this doesn’t require a class exemption application.
- Any group or person can apply, and each application will be treated on its own merits.
- Once a class exemption has been granted, a supplier that fits the class can use the exemption without an application or a fee being required. They must fit the class (including not having material additional components or features that distinguish them from the class) and follow any conditions published as a part of the class exemption, which will usually include notifying the Water Services Authority – Taumata Arowai of the intention to rely on the class of supplier exemption.
Published exemptions
When a general or residual disinfection exemption (for either an individual drinking water supplier or a class of supplier) is granted, we will publish the exemption below.
The public register of drinking water suppliesoutbound also includes information on any exemptions that are granted for a supply.
Exemptions granted
When a general or residual disinfection exemption (for either an individual drinking water supplier or a class of supplier) is granted, we will publish the exemption below. The Public Register of Drinking Water Suppliesoutbound also includes information on any exemptions that are granted for a supply.
General exemptions
|
Supplier |
Supply Name + ID |
Exemption |
Expiry Date |
Final Decision Paper |
|
Torrent Bay Township Committee |
Torrent Bay Township TOR002 |
Exemption No. 001 Torrent Bay Township Committee
Gazette noticeoutboundoutbound for Torrent Bay Township Committee General Exemption |
31/12/2028 |
Final decision paper for Torrent Bay Township Committee |
|
Department of Conservation |
Department of Conservation |
Exemption No. 003 Department of Conservation Gazette noticeoutboundoutbound for Department of Conservation General Exemption |
10/04/2029 |
Final decision paper for Department of Conservation |
|
Department of Conservation |
Department of Conservation |
Exemption No. 004 Department of Conservation Gazette noticeoutboundoutbound for Department of Conservation General Exemption
|
05/02/2030 |
Final decision paper for Department of Conservation |
Residual disinfection exemptions
|
Supplier |
Supply Name + ID |
Exemption |
Expiry Date |
Final Decision Paper |
|
Selwyn District Council |
Rakaia Huts (RAK003) |
01/02/2029 |
Final decision paper for the Selwyn District Council |
Class exemptions
We have not granted any class exemptions.
Exemptions declined or not granted
When an exemption application is declined or not granted, we will publish the decision paper which sets out the final decision and the reasons for it below.