Changes for Access to Private Land for Water Service Providers

Introduction

The Local Government (Water Services) Act 2025 (LGWSA 2025) was introduced as part of the Government’s Local Water Done Well policy following longstanding issues that council ownership and delivery of water services being financially unsustainable and failing to meet quality standards.

The LGWSA 2025 enables councils to deliver water services by Council-Controlled Organisations (CCO), which can be financially independent or consumer trust-owned entities.

As part of this reform, the LGWSA introduces new land access provisions that replace the general, less prescriptive powers previously used by territorial authorities under the Local Government Act 2002 (LGA 2002). Since water services can now be delivered by CCOs, the process has been updated to be more prescriptive, similar to the rules followed by other non-local authority network utility operators, such as electricity distributors.

With these changes, the Government has sought to provide more protections and certainty for private landowners; but risks creating a new regime that stifles the delivery of critical infrastructure.

This article will summarise the key legislative changes for land access and their implications for landowners and water services providers (WSPs).

Formalising Dispute Resolution and Accountability

The LGWSA 2025 introduces two key mechanisms to formalise accountability:

Mandatory Administrative Review: WSPs must conduct a formal independent review if a landowner declines consent or imposes conditions that the WSP consider are unreasonable. This structured mechanism replaces the previous model where the dispute went directly to a hearing before the territorial authority itself.

Strict Time Limits: Landowners have an obligation to respond to a notice to enter land within 10 working days. Likewise, internal reviews must be determined within 20 working days.

Conclusion

The LGWSA 2025 replaces the LGA 2002 with respect to water services infrastructure and is part of a fundamental shift in how water services can be funded, administered and delivered.

While the LGA 2002 provided wide and general powers of entry, the LGWSA is now much more prescriptive when a WSP seeks to enter Māori or non-Māori land to install new works, or to operate and maintain existing works.

By introducing fixed, short deadlines and a mandatory internal administrative review, the process for resolving land access disputes has been accelerated and formalised, now bearing strong likeness to the access processes followed by Network Utility Operators in New Zealand (many of which are ostensibly public owned, but operated privately).

This shift has critical implications for all involved parties:

For Landowners: You must be aware of the concise 10-working-day window to respond to a formal notice. If you do not, then you have forfeited your opportunity to decline or impose conditions on entry.

For WSPs: Internal processes should be updated to reflect the requirements of the LGWSA 2025. Furthermore, you should consider the potential implications of compensation to Landowners for the installation of new works, or where maintenance or other works to existing infrastructure causes injurious affection.

If you’re a landowner or Council have any questions about how this recent law change might affect you, then reach out to Simon to discuss how Gallaway Cook Allan can support you.

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