Read the full draft Water Supply and Wastewater Bylaw 2022 [PDF, 2.9 MB]
The key changes relate to improvements to protect the water supply from contamination, and to protect the wastewater network from damage, infiltration and misuse.
Background and reasons for the proposed new bylaw
The Council has bylaws for water supply, wastewater and stormwater, in order to protect its infrastructure from damage or misuse, and to protect public health and safety. It regulates some activities and behaviours to reduce the potential for contamination of drinking water or damage to the networks that carry drinking water and wastewater.
The bylaw is a local law, specific to Christchurch and Banks Peninsula, which controls matters that are not covered by other laws. It cannot control things that are the responsibility of government departments, the drinking water regulator (Taumata Arowai), or Environment Canterbury. This means that issues of mandatory chlorination or fluoridation of drinking water supplies, resource consents for water takes (e.g. for water bottling); and wider reform of the three waters sector are outside the scope of this bylaw.
Current bylaw coverage
Broadly, the current bylaw [PDF, 158 KB] aims to:
- protect the water supply from contamination
- protect the wastewater and stormwater networks from things that should not be put into them
- protect the land and infrastructure associated with the networks from damage or misuse – including unauthorised access, connections or discharges
- encourage the efficient use of water, including promoting resilience
New bylaw structure
As a result of the review, the Council is proposing to split the current bylaw into two separate new bylaws – one for water supply and wastewater, and the other for stormwater and land drainage.
This is because:
- the stormwater network is very different to the drinking water and wastewater networks. Water supply and wastewater are closed, piped networks; while the stormwater network is an open system made up of a mix of pipes, drains, overland flow paths and is integrated with roads, natural waterways, and parks
- there are a number of significant changes required for stormwater, linked to the CSNDC
- it is helpful for administrative reasons because the current bylaw is our largest and one of the more technically complex bylaws.
This information is in respect to the proposed replacement bylaw for water supply and wastewater.
Key proposed changes
Overall, the bylaw is achieving its purpose and regulating the right things. However, there are some emerging issues that need to be addressed in the new bylaw.
The key changes being proposed relate to improvements to protect the water supply network from contamination and to protect the wastewater network from damage,
infiltration and misuse. These changes are summarised in the following table.
Summary of key changes proposed by the Draft Water Supply and Wastewater Bylaw 2022
| Issue 1 | Inadequate backflow prevention measures presenting a risk of contamination of the public water supply network from backflow. |
| Proposed Solution | New requirements in relation to backflow risks at a property:
|
| Reason | This helps to ensure the appropriate level of backflow protection is installed at a property, based on their water use and activity |
| Draft bylaw clause: 18 | |
| Issue 2 | Certain equipment installed on the privately owned parts of the supply network can cause pressure surges in the public network, and as a result, contaminate the water supply or cause damage to the public network |
| Proposed Solution | Prohibition of the use of equipment that may cause pressure surges to the water supply network |
| Reason | This helps to reduce the risk of contamination of drinking water supplies, and damage to the public water supply network |
| Draft bylaw clause: 9(4) | |
| Issue 3 | Potential contamination of source water from aerial spraying of chemicals for agricultural or firefighting purposes |
| Proposed Solution | A new requirement to notify the Council of aerial applications of fertiliser, pesticides and other chemicals in or near community drinking water protection zones prior to their application |
| Reason | This helps to protect the quality of drinking water. If we are aware of these activities before they occur, we can mitigate the risk of contamination to drinking water (e.g. stop taking water for a period) |
| Draft bylaw clause: 9(6) | |
| Issue 4 | Potential contamination of source water due to chemical spills |
| Proposed Solution | A new requirement to immediately notify the Council of any chemical spills in or near community drinking water protection zones |
| Reason | This helps to protect the quality of drinking water. If we are aware of spills, we can mitigate the risk of any contamination |
| Draft bylaw clause: 9(5) | |
| Issue 5 | The practical issues of cost and site space required to implement the mandatory requirement for rainwater storage tanks in restricted-supply areas of Banks Peninsula. There are multiple requirements for various water storage tanks under a range of regulatory tools |
| Proposed Solution | A change to the existing bylaw requirement for supplementary water storage tanks in Banks Peninsula to allow one rainwater storage tank to meet multiple separate regulatory requirements (e.g. one tank for both non-potable use and for stormwater detention purposes.) |
| Reason | This provides a solution to the practical issues identified. |
| Draft bylaw clause: 17 | |
| Issue 6 | Unnecessary demand on the water supply network due to unrepaired leaks or excessive water use |
| Proposed Solution | Additional of a clause making water waste a bylaw offence |
| Reason | This strengthens the existing 2014 bylaw provisions for promoting the efficient use of water and protecting against waste. Although it is an offence under the Local Government Act 2002 to waste water, the addition of this as a bylaw offence provides greater clarity on what is considered “wastage” |
| Draft bylaw clause: 16(3) | |
| Issue 7 | Water meters that are inaccessible for reading or maintenance |
| Proposed Solution |
New additions to protect the accessibility of meters include:
|
| Reason | We need to be able to access and read water meters to monitor water consumption, detect leaks, and for any volumetric charging. Meters that are difficult to access prevent these functions from being carried out |
| Draft bylaw clauses: 19(4) and 19(5) | |
| Issue 8 | Insufficient access to any part of the water supply or wastewater networks for maintenance purposes, particularly where the infrastructure is within non-Council land, and where an adequate easement does not exist |
| Proposed Solution | Improved provisions, including:
|
| Reason | Maintenance requirements may be urgent in nature. This change makes sure we can access our pipes and other infrastructure if and when we need to, and in a way that meets all safety requirements. (e.g. to meet sloping and shoring requirements) |
| Draft bylaw clause: 7-8 and 29-30 | |
| Issue 9 | Damage to underground public water supply or wastewater pipes caused by tree roots |
| Proposed Solution | New provisions to prohibit the planting of trees in locations that are likely to cause nuisance or damage to underground infrastructure. Where a tree is found to be restricting access or causing damage to the water supply network, the proposed replacement bylaw enables the Council to either:
|
| Reason | This helps to:
|
| Draft bylaw clause: 9(7), 9(8), and 33 | |
| Issue 10 | Prohibited materials entering the wastewater network, causing blockages, damage, reduced capacity and increased cost |
| Proposed Solution | Strengthened provisions around what is not permitted to be disposed of into the wastewater network, including defining what is considered “prohibited waste” |
| Reason | This amendment is intended to reduce costs and help protect the Council’s infrastructure from common sources of damage, blockages and reduced capacity |
| Draft bylaw clause: 31 | |
| Issue 11 | Damaged or broken private wastewater drains causing excessive infiltration and problems in the public wastewater network (e.g. capacity issues, blockages, damage to the network or its machinery) |
| Proposed Solution | New requirements for:
|
| Reason | This helps to prevent damage and unnecessary capacity issues in the public wastewater network |
| Draft bylaw clause: 32 | |
| Issue 12 | A lack of application requirements and approval conditions for connections to the wastewater network, including reasons for connection refusal (e.g. if the network is already at capacity) |
| Proposed Solution | A new clause setting out the application and approval requirements for connection to the wastewater network |
| Reason | Although the requirement for written authority for wastewater connections is implied in legislation, a requirement in the bylaw is recommended for clarity and consistency |
| Draft bylaw clause: 27 | |
Other proposed changes
In addition to the key changes summarised in the previous table, the following are proposed:
- Outdated references to standards, or legislation have been updated
- Wording changes that do not alter the intent of the bylaw have been made to improve clarity and, in some cases, enforceability
- Definitions have been updated for improved clarity and consistency. New definitions have been added to assist understanding or support enforcement, while terms that are no longer relevant to the bylaw have been removed.
- Bylaw clauses that duplicate legislative requirements and are not required have been removed (e.g. delegation, backflow prevention requirements, obligation to provide adequate supply of water).
Legal considerations
When the Council reviews a bylaw or makes a replacement bylaw, it must complete an assessment under section 155 of the Local Government Act 2002. This section requires the Council to determine whether the bylaw is the most appropriate way of addressing problems; whether the bylaw is the most appropriate form of bylaw; and whether it gives rise to any implications under the New Zealand Bill of Rights Act 1990.
The Local Government Act 2002 enables the Council to develop a bylaw to:
- manage, regulate against, or protect from damage, misuse or loss, or prevent the use of infrastructure associated with water supply and wastewater drainage; and
- protect the public from nuisance, promote and maintain public health and safety, and minimise the potential for offensive behaviour in public places.
The Council is satisfied the proposed replacement bylaw is the most appropriate way to address the actual and perceived problems associated with the management and protection of the Council’s water supply and wastewater infrastructure, as set out in the Summary of key changes to the Draft Water Supply and Wastewater Bylaw 2021.
The Council is also satisfied that the proposed Water Supply and Wastewater Bylaw 2021 does not present any issues or inconsistencies with the New Zealand Bill of Rights Act 1990.
The Bylaw Review Report and Section 155 Analysis(external link) contains a full explanation of these considerations, including an analysis of the actual and perceived problems, and the proposed changes to the bylaw.