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Bylaw 2008 Part 15: Water Supply

The purpose of this part of the bylaw is to:

• Protect public health and the security of the public water supply.
• Detail the responsibilities of both the Council and the customers with respect to the public water supply.
• Detail different types of water supply.
• Detail mechanisms for the recovery of costs of water supply.
• Prevent the wastage of water.
• Provide a mechanism for demand management.
• Detail breaches and offences and provide a disputes procedure.
• Conduct sanitary assessments of water supplies.

• 1. Authority
• 2. Purpose
• 3. Interpretation
• 4. Protection of water supply
• 5. Conditions of supply
• 6. Offences
• Appendix

1. Authority

1.1 This part is made under the authority of sections 145 and 146 the Local Government Act 2002.

1.2 The supply and sale of water by the Council is subject to:
a) Statutory Acts and Regulations:
i) Building Act 2004.
ii) Fire Service Act 1975.
iii) Health Act 1956.
iv) Local Government Act 2002.
v) Local Government (Rating) Act 2002.
vi) Resource Management Act 1991.
vii) Water Supplies Protection Regulations 1961 (possibly subject to repeal).
viii) Health Amendment (Drinking Water) Act 2007.

b) Relevant Codes and Standards:
i) Drinking Water Standards for New Zealand 2005.
ii) BS EN 14154-3:2005 Water meters. Test methods and equipment.
iii) SNZ PAS 4509:2003 New Zealand Fire Service fire fighting water supplies Code of Practice.
iv) NZWWA Backflow Code of Practice 2006.
v) NZWWA Water Meter Code of Practice 2003.
vi) Standard Specification for Water Reticulation (New Plymouth District Council).Return to top

2. Purpose

2.1 The purpose of this part is to:
a) Protect public health and the security of the public water supply.
b) Detail the responsibilities of both the Council and the customers with respect to the public water supply.
c) Detail different types of water supply.
d) Detail mechanisms for the recovery of costs of water supply.
e) Prevent the wastage of water.
f) Provide a mechanism for demand management.
g) Detail breaches and offences and provide a disputes procedure.
h) Conduct sanitary assessments of water supplies.Return to top

3. Interpretation

3.1 This part shall be in addition to the provisions of Part 1 Introductory and if this part is inconsistent with Part 1 Introductory then the provisions of this part shall prevail.

3.2 For the purposes of this part, the word ‘shall’ refers to practices that are mandatory for compliance with this part, while the word ‘should’ refers to practices that are advised or recommended.

3.3 In this part, unless the context otherwise requires:

• Backflow means the unplanned reversal of flow of water or mixtures of water and contaminants into the water supply system.
• Customer means any person or organisation receiving services from the Council.
• Customer equipment means the customers plumbing system beyond the point of supply.
• Customer stopcock means a device that turns off the water supply at the point of supply.
• Detector check valve means 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. A check valve does not constitute a backflow preventor.
• Extraordinary supply means a category of on demand supply including all purposes for which water is supplied other than ordinary supply and which may be subject to specific conditions and limitations.
• Fees and charges means the list of items, terms and prices for services associated with the supply of water as adopted by the Council in accordance with the Local Government Act 2002 and the Local Government (Rating) Act 2002.
• Level of service means the measurable performance standards on which the Council endeavours to supply water to its customers.
• Meter means a device that is manufactured for measuring the flow of water at the location at which the meter is installed.
• On demand supply means a supply which is available on demand directly from the point of supply subject to the level of service. Return to top
• Ordinary supply means a category of on demand supply used solely for domestic purposes.
• Point of supply is the point on the service pipe which marks the boundary of responsibility between the customer and the Water Supply Authority, irrespective of property boundaries.
• Potable means a supply of water which complies with the health criteria of the Drinking Water Standards for New Zealand.
• Ranger means a person responsible for the management of a Council controlled catchment area or water reserve.
• Restricted flow supply means a type of water supply connection where a small flow is supplied through a flow control device, and storage is provided by the customer to cater for the customer’s demand fluctuations.
• Restrictor means a flow control device fitted to the service pipe to limit the flow rate of water to a customer’s premises.
• Rural water supply area means an area formally designated by Council as an area serviced by a reticulated water supply system that is intended to supply water for specified purposes via restricted flow supplies and/or on demand supplies but not necessarily with a fire fighting capability.
• Service pipe means the section of water pipe between a water main and the point of supply. This section of pipe is owned and maintained by the Council.
• Service valve means the valve at the customer end of the service pipe.
• Storage tank means any tank having a free water surface.
• Supply pipe means the section of pipe between the point of supply and the customer’s premises through which water is conveyed to the premises.
• Urban water supply areas means an area formally designated by the Council as an area serviced by reticulated water supply system with a fire fighting capability, which is intended to supply water to customers via on demand supplies.
• Water supply system means all those components of the network between the point of abstraction from the natural environment and the point of supply. This includes but is not limited to: wells, infiltration galleries, intake structures, open raw water storage ponds/lakes, falling mains, treatment plants, treated water
• reservoirs, trunk mains, service mains, rider mains, pump stations and pumps, valves, hydrants, scour lines, service pipes, boundary assemblies, meters, backflow prevention devices and tobies.
• Water unit means the basis of measurement for a restricted flow supply and equal to a volume of 365m³ delivered at the rate of 1m³ per day.Return to top

4. Protection of water supply

4.1 Water supply system

4.1.1 No person other than the Council and its authorised agents shall have access to any part of the water supply system, except to connect to the point of supply, subject to 5.1, and to operate the service valve.

4.1.2 Except as set out in 4.1.1 and 4.1.4, no person shall make any connection to, or otherwise interfere with, any part of the water supply system.

4.1.3 Only the attending Fire Service shall gain access to, and draw water from fire hydrants for the purpose of fighting fires, training and testing.

4.1.4 The right to gain access to, and draw water from the water supply for uses other than fire fighting (e.g. flow testing or pipe flushing) shall be restricted to:
a) The Council or its agents.
b) Permit holders, being those persons who after having submitted an application to the Council are subsequently approved to draw water from fire hydrants or tanker filling points. Such permits shall be valid only so long as the permit holder complies with the conditions endorsed on the permit. Without prejudice to other remedies available, the Council may remove and hold any equipment used by an offender to gain access to, or draw water from a fire hydrant, and assess and recover the value of water drawn without authorisation and any other associated costs from the offender.

4.1.5 The Council will keep accurate permanent records (‘as-builts’) of the location of its buried services. This information will be available for inspection at no cost to users. Charges may be levied to cover the costs of providing copies of this information.

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

4.1.7 When excavating and working around buried services due care shall be taken by persons carrying out excavation work to ensure the services are not damaged, and that bedding and backfill are reinstated in accordance with the appropriate Council specification.

4.1.8 Any damage which occurs to a Council service shall be reported to the Council immediately. The person carrying out the excavation work shall reimburse the Council for any repair costs incurred.
NOTE: Excavation within roadways is also subject to the street opening process of the appropriate roading authority.Return to top

4.2 Protection of source water
4.2.1 Surface water and groundwater catchment areas from which untreated water is drawn for the purposes of water supply may be designated as:
a) Controlled;
b) Restricted; or
c) Open.

4.2.2 The following conditions apply:
a) Entry
Catchment areas which are designated as controlled, or any area held by the Council as a water reserve, shall not be entered by any person except those specifically authorised or permitted in writing by the Council. Within such areas unless provided for by the Council no person shall:
i) Camp.
ii) Take or allow to stray any livestock.
iii) Bathe or wash anything.
iv) Deposit any dirt, rubbish, or foul material of any kind.
v) Defecate.

b) Permits
Entry permits shall forbid, regulate or control the following activities:
i) Hunting, trapping, shooting or fishing.
ii) Lighting or maintaining any fire.
iii) Taking of any dog or other animal.
iv) Damaging or destroying any trees, shrubs, or other existing cover, or interference with any property.
v) 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.
vi) Use of any pesticide or toxic substance for any purposes whatsoever.

c) Permits to be presented
Unless otherwise stated in the permit:
i) No person to whom any permit has been issued shall enter or leave any controlled catchment area
or land held by the Council as a water reserve without presenting such a permit for inspection by the ranger and notifying the ranger of their intention of entering or leaving such an area as the case may be.
ii) Every person on any controlled catchment area or land held by the Council as a water reserve shall upon demand produce any such permit for inspection by the ranger.
iii) No permits issued are transferable.

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

e) Interference and obstruction
In any controlled catchment area or any land held by the Council as a water reserve:
i) Every person acting in contravention of this part shall upon the request of the ranger or authorised officer of the Council immediately leave the controlled catchment area or land held by the Council as a water reserve and be liable to be prosecuted for the breach of any of the provisions of this part. Failure to leave shall constitute a further offence.
ii) No person shall obstruct or hinder any duly appointed officer of the Council in the exercise of any powers vested in that officer under the provisions of this part.

4.2.3 Catchment areas which are designated as restricted shall allow for certain activities, but shall be treated as controlled catchments for other activities. Those activities may include unrestricted entry for:
a) Tramping.
b) Shooting (other than animals, i.e. target shooting).
c) Fishing.
d) Off-road cycling.

The following area is a wildlife refuge under the Wildlife Act 1953:
Lake Mangamahoe complex being all that parcel of land situated in the Taranaki Land District, containing 71.8378ha, more or less, being Section 165 and Part of Section 12, 13, 25, 53, 54, 55, 161 and 166, Hua and Waiwakaiho Hundred, Block X Paritutu Survey District and Block III Egmont Survey District, being the whole of the land comprised in Certificate of Title Vol 108 Folio 174 (Taranaki Registry).

No person shall without approval of an authorised officer in any water catchments:
a) Camp.
b) Take or allow to stray any livestock.
c) Bathe or wash anything.
d) Defecate.
e) Light or maintain any fire.
f) Hunt, trap or shoot any animals.
g) Use any boat.
h) Use any pesticide, herbicide or toxic substance for any purpose whatsoever.

4.2.4 In open catchment areas whether designated or not, there will generally be no restriction on activities other than any provisions of the regional or district plan and any National Environmental Standard.

4.2.5 In the event of a spillage, or any event which may compromise the water supply, the person responsible for the spillage event shall advise the Council with due urgency. This requirement shall be in addition to those other notification procedures which are required for other authorities.Return to top

5. Conditions of supply

5.1 Application for supply

5.1.1 Every application for a supply of water shall be made in writing on the form provided by the Council accompanied by the prescribed charges. The applicant shall provide all the details required by the Council.

5.1.2 On receipt of an application the Council shall, after consideration of the matters in 5.4 and 5.5, either:
a) Approve the application and inform the applicant of the type of supply, the level of service, the size of the connection and any particular conditions applicable; or
b) Refuse the application and notify the applicant of the decision giving the reasons for refusal.

5.1.3 For the agreed level of service to the applicant, the Council may determine the sizes of all pipes, fittings and any other equipment, up to the point of supply. The Council shall supply and install the service pipe up to the point of supply at the applicant’s cost or may allow the supply and installation of the service pipe to be carried out by approved contractors at the applicant’s cost.

5.1.4 The applicant shall 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.

5.1.5 An approved application for supply which has not been actioned within six months of the date of application will lapse unless a time extension has been approved. Any refund of fees and charges shall
be at the discretion of the Council.

5.1.6 Where a customer seeks a change in the level of service or end use of water supplied to premises, and/or the supply changes from an ordinary to an extraordinary type (see 5.4) or vice versa, a new
application for supply shall be submitted by the customer.

5.1.7 Charges applicable at the time of connection may include:
a) Payment to the Council for the cost of the physical works required to provide the connection.
b) A development contribution charge determined in accordance with the Local Government Act 2002.
c) A financial contribution charge determined in accordance with the Resource Management Act 1991.Return to top

5.2 Point of supply
5.2.1 The Council shall own and maintain the service pipe and fittings up to the point of supply. The customer shall own and maintain the supply pipe beyond the point of supply.

5.2.2 For individual customers the point of supply shall be located as shown in Appendix 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. For each individual customer there shall be only one point of supply, unless otherwise approved.

The typical layout at a point of supply is shown in Appendix 2.

The Council gives no guarantee of the serviceability of the valve located on the service pipe. Where there is no customer stopcock, or where maintenance is required between the service valve and the customer stopcock, the customer may use the service valve to isolate the supply. However the Council reserves the right to charge for maintenance of this valve if damaged by such customer use.

5.2.3 The point of supply for the different forms of multiple ownership of premises and/or land shall be for:
a) Company Share/Block Scheme (Body Corporate) – as for single ownership.
b) Leasehold/Tenancy in Common Scheme (Cross Lease), Strata Title, Unit Title (Body Corporate) and any other form of multiple ownership – each customer shall have an individual supply with the point of supply determined by agreement with the Council. In specific cases other arrangements may be acceptable, subject to individual approval.

5.2.4 For a multiple ownership supply which was in existence prior to the coming into effect of this part, the point of supply shall be the arrangement existing at that time, or as determined by agreement with the Council for any individual case.Return to top

5.3 Access to, and about point of supply
5.3.1 Where the point of supply is on private property the customer shall allow the Council access to, and about the point of supply between 7.30am and 6.00pm on any day for:
a) Meter reading without notice; or
b) Checking, testing and maintenance work with notice being given whenever possible.

5.3.2 Outside these hours (such as for night time leak detection) the Council shall give notice to the customer.

5.3.3 Where access is not made available for any of the above times and a return visit is required by the Council, a rate may be charged as for ‘Meter reading by appointment’.

Under emergency conditions the customer shall allow the Council free access to, and about the point of supply at any hour.

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

5.4 Types of supply
5.4.1 Supplies shall be classified as either ‘on demand’ or ‘restricted flow’ and the use of water from the supply shall be either ‘ordinary’ or ‘extraordinary’.

5.4.2 Every premises shall be entitled to an ordinary supply of water subject to the following conditions:
a) The premises lying within an urban or rural water supply area if such an area has been constituted by the Council;
b) The exclusion of its use for garden watering under any restrictions made by the Council under this bylaw;
c) Payment of the appropriate charges in respect of that property;
d) Any other charges or costs associated with subdivisional development; and
e) Any other relevant conditions in clause 5 of this part.
The Council shall be under no obligation to provide an extraordinary supply of water (see also the provisions of clauses 5.7 and 5.9.2).

5.4.3 Restricted flow supply shall be available to premises within a rural water supply area only, or under special conditions set by the Council.
The water supply shall be restricted so as to deliver the agreed number of water units at a steady flow rate.
The Council shall charge for the restricted flow supply by either:
a) The volume passing through a meter; or
b) The nominated number of water units.

5.4.4 Ordinary use is for domestic purposes (which may include use in a fire sprinkler system to NZS 4517) and shall include:
a) Washing down a car, boat or similar (subject to the provisions of clause 5.7.3).
b) Garden watering by hand (except when clause 5.4.2(b) applies).
c) Garden watering by a portable sprinkler (subject to the provisions of clause 5.7.3).
d) Household use for drinking, washing and laundry.Return to top

5.4.5 Extraordinary use includes:
a) Domestic – spa or swimming pool in excess of 10m³ capacity, fixed garden irrigation systems.
b) Commercial and business.
c) Industrial.
d) Agricultural.
e) Horticultural.
f) Viticultural.
g) Lifestyle blocks (peri-urban or small rural residential).
h) Fire protection systems other than sprinkler systems installed to comply with NZS 4517.
i) Out of district (supply to, or within another local authority).
j) Temporary supply.

5.4.6 An ordinary use of water shall not normally be metered (subject to the Council reserving the right to fit a meter and charge where it considers water use is excessive, or for a meter to be fitted at the customer’s request), and the cost of such use shall be as prescribed in the Local Government (Rating) Act 2002.

5.4.7 An extraordinary use shall normally be metered and charged for in accordance with clause 5.15. Where the extraordinary use is for fire protection only, this supply shall not normally be metered.

5.4.8 The Council shall provide water in accordance with the level of service contained in the Council’s Long-Term Council Community Plan. For those periods where the level of service allows noncompliance with the specified value(s) or level of service, the Council should make every reasonable attempt to achieve the specified value(s).Return to top

5.5 Continuity of supply
5.5.1 Due to practical and physical limitations, the Council cannot guarantee an uninterrupted or constant supply of water in all circumstances, or the continuous maintenance of any particular pressure, but shall endeavour to meet the continuity of supply levels of five.5 and 5.6, subject to the exemptions contained in clauses 5.7.3 and 5.7.4.

5.5.2 Where works of a permanent or temporary nature are planned which will affect an existing supply, the Council shall consult with, inform or give notice to all known customers likely to be substantially affected.

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

5.5.4 The customer shall comply with any restrictions which may be approved by the Council to manage high seasonal or other demands. Such restrictions shall be advised by public notice.

5.5.5 Even when such restrictions apply, the Council shall take all practicable steps to ensure that an adequate supply for domestic purposes is provided to each point of supply.

5.5.6 During an emergency the Council 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 advised by public notice. The Council may enact penalties over and above those contained in these 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 authorised officer of the Council, subject to subsequent Council ratification.

5.5.7 Wherever practical the Council shall 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 notification is not practical, the Council may shut down the supply without notice.

5.6 The Council shall endeavour to meet the level of service requirements of clause 5.5, but 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.

The Council may, under certain circumstances and at its sole 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.Return to top

5.7 Fire protection connection
5.7.1 Any proposed connection for fire protection shall be the subject of a specific application (on the standard Council form) made to the Council for approval. Any such connection shall be subject to the
conditions specified by the Council.

5.7.2 It shall be the customer’s responsibility to ascertain in discussion with theCouncil and monitor whether the supply available is adequate for the intended purpose.

5.7.3 Where the supply of water to any premises is metered the Council may allow the supply of water for the purposes of fire fighting to be made in a manner which bypasses the meter, provided that:
a) The drawing of water is possible only in connection with the sounding of an automatic fire alarm or the automatic notification of the fire brigade; or
b) A Council approved detector check valve has been fitted on the meter bypass.

Any unmetered connection provided to supply water to a fire protection system shall not be used for any purpose other than fire fighting and testing the fire protection system unless the fire protection system is installed in accordance with NZS 4517.

Where a fire connection has been installed or located so that it is likely or possible that water may be drawn from it by any person for purposes other than fire fighting, the Council may require the supply to be metered.

5.7.4 Where the supply of water to any premises is metered, fire hose reels shall be connected only to the metered supply, not to the fire protection system. The water supply to the fire hose reels shall comply with the requirements of NZS 4503.

5.7.5 Water used for the purpose of extinguishing fires shall be supplied free of charge. Where the fire protection connection is metered and water has been used for fire fighting purposes, the Council shall
estimate the quantity of water so used, and credit to the customer’s account an amount based on such an estimate.

5.7.6 Customers intending to test fire protection systems in a manner that requires a draw-off of water, shall obtain the approval of the Council beforehand. Water used for routine flushing and flow testing does
not constitute waste but the quantity of water used may be assessed and charged for by the Council.Return to top

5.8 Backflow prevention
5.8.1 It is the customer’s responsibility (under the Health Act 1956 and the Building Act 2004) to take all necessary measures on the customer’s side of the point of supply to prevent water which has been drawn
from the Council’s water supply from returning to that supply. These include:
a) Backflow prevention either by providing an adequate air gap, or by the use of an appropriate backflow prevention device.
b) The prohibition of any cross-connection between the Council water supply 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.

NOTE: Fire protection systems that include appropriate backflow prevention measures would generally not require additional backflow prevention, except in cases where the system is supplied by a nonpotable
source or a storage tank or fire pump that operates at a pressure in excess of the Council’s normal minimum operating pressure.

5.8.2 Notwithstanding clause 5.8.1 the Council may fit a backflow prevention device on the Council side of the point of supply where the customer cannot demonstrate that the risk of backflow is adequately managed at the customer’s cost.Return to top

5.9 Council equipment and inspection
5.9.1 The customer shall take all due care not to damage any part of the water supply system, including but not limited to pipework, valves, meters, restrictors, chambers and backflow prevention devices.

5.9.2 Subject to the provisions of the Local Government Act 2002, the customer shall allow the Council with or without equipment, access to any area of the premises for the purposes of determining compliance with these conditions.

5.10 Meters and flow restrictors
5.10.1 Meters for on demand supplies and restrictors for restricted flow supplies, shall be supplied, installed and maintained by the Council, and shall remain the property of the Council.

Where on demand supplies are not universally metered, the Council where it considers water use is unusually high, reserves the right to fit a meter at the customer’s cost and charge accordingly.

5.10.2 Meters and restrictors shall be located in a position where they are readily accessible for reading and maintenance, and if practicable immediately on the Council side of the point of supply (see Appendix 2).

5.10.3 Meters shall be tested as and when required by the Council or as prescribed in OIML R49. The maximum permissible error for the upper flow rate zone (Q2 <Q <Q4) is ±2%, for temperatures from 0.3oC to 30oC and the maximum permissible error for the lower flow rate zone (Q1 <Q <Q2) is ±5%. This accuracy shall be applied to all water meters with Q3 < 100m3/h and may be applied to water meters with values of Q3 > 100m3/h. The flow restrictors shall be accurate to within ±10% of their rated capacity.

NOTE: Where Q is the flow rate:
Q1 is the minimum flow rate;
Q2 is the transitional flow rate;
Q3 is the permanent flow rate; and
Q4 is the overload flow rate as defined in OIML R49-1.Return to top

Any customer who disputes the accuracy of a meter or restrictor may apply to the Council for it to be tested, provided that it is not within three months of the last test. If the test shows noncompliance with the accuracy above, the customer shall not be charged for the test. If the test shows compliance, the customer shall pay a fee in accordance with the Council current fees and charges.

Meters shall be tested as prescribed in OIML F49-2 and the test report shall be made available as prescribed in OIML R49-3.

The variation in the error curve shall not exceed 3% for flow rates in the lower zone and 1.5% for flow rates in the upper zone. For the purpose of determining these requirements the mean values of the errors (of indication) at each flow rate, shall apply.

The curves shall not exceed a maximum error of ±6% for flow rates in the lower zones and ±2.5% for flow rates in the upper zones.

Restrictors shall be tested by measuring the quantity that flows through the restrictor in a period of not less than one hour at the expected minimum operating pressure. A copy of independent certification of the test result shall be made available to the customer on request.

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

Where a meter is under-reading by more than 20% or has stopped, the Council reserves the right to charge for the amount of water assessed as having been used over the past billing period, taking into account any seasonal variations in demand.

Where a meter is over-reading, the Council shall make appropriate adjustments to the customer’s invoice(s), based on a period of similar use and backdated to when it is agreed the over-reading is likely to have occurred.Return to top

5.10.5 Should any meter be out of repair or cease to register, or be removed, the Council shall estimate the consumption for the period since the previous reading of such meter (based on the average of the previous four 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 four billing periods would be an unreasonable estimate of the consumption, the Council
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.

[EITHER:]
If metering shows a significant increase in consumption for a premises, and the increase is established as being caused by a previously unknown leak, the Council may estimate consumption as above, providing that the customer repairs the leak with due diligence.

[OR:]
The customer shall be liable for the cost of water which passes through the meter regardless of whether this is used or is the result of leakage.

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

5.10.6 Where a situation occurs, other than as provided in 5.10.5, where the recorded consumption does not accurately represent the actual consumption on a property, the account shall be adjusted using the best information available to the Council. Such situations include, but are not limited to, misreading of the meter, errors in data processing, meters assigned to the wrong account and unauthorised supplies.

Where an adjustment is required, in favour of the Council or the customer, this shall not be backdated more than 12 months from the date the error was detected.Return to top

5.11 Quick-closing valves, pumps or any other equipment which may cause pressure surges or fluctuations to be transmitted within the water supply system, or compromise the ability of the Council to maintain its stated levels of service shall not be used on any piping beyond the point supply. In special circumstances such equipment may be approved by the Council.

In accordance with the Building Regulations 1992 the plumbing system shall be compatible with the water supply. Specific features of the Council supply which need to be taken into account are contained in table 1.

Table 1: Compatibility features

Feature	Value
Maximum pressure Minimum pressure Normal operating pressure	1200kPa 200kPa 300 - 1000kPa

5.12 The customer shall not intentionally allow water to run to waste from any pipe, tap or other fitting, nor allow the condition of the plumbing within the property to deteriorate to the point where leakage or wastage occurs.

The Council provides water for consumptive use not as an energy source. The customer shall not use water or water pressure directly from the supply for driving lifts, machinery, eductors, generators or any other similar device, unless specifically approved.

The customer shall not use water for a single pass cooling system or to dilute trade waste prior to disposal, unless specifically approved.Return to top

5.13 The customer shall be liable to pay for the supply of water and related services in accordance with the Council fees and charges prevailing at the time.

5.14 The rights and responsibilities set out in this part are personal to the customer and shall not be transferred, sub licenced or assigned.

A supply pipe shall serve only one customer and shall not extend by hose or any other pipe beyond that customer’s property.

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

5.15 In the event of a premises changing ownership the Council shall record the new owner as being the customer at that premises. Where a premise is metered the outgoing customer shall give the Council five working days notice to arrange a final meter reading.

5.16 The customer shall give 20 working days notice in writing to the Council of the requirement for disconnection of the supply. Disconnection shall be at the customer’s cost. Return to top

6. Offences

6.1 Without limitation, the following are deemed breaches of the conditions to supply water:
a) An incorrect application for supply, which fundamentally affects the conditions of supply (clause 5).
b) Failure by the customer to meet and comply with the conditions of supply.
c) Failure to meet any obligation placed on the customer under all current Acts and Regulations.
d) Frustration of the Council’s ability to adequately and effectively carry out its obligations.
e) An act or omission including but not limited to any of the following:
i) Failure to pay the appropriate charges by the due date.
ii) Failure to repair a leak, or in any way wilfully allowing water to run to waste, or to be misused.
iii) The fitting of quick-closing valves, pumps or any other equipment which may cause pressure surges
or fluctuations to be transmitted within the water supply system or compromise the ability of the Council to maintain its stated levels of service (subject to clause 5).
iv) Failure to prevent backflow (see clause 5.8).
v) Failure to comply with water use restrictions or prohibitions introduced by the Council for any specified purpose.
vi) Using water or water pressure directly from the supply for driving lifts, machinery, eductors, generators or any other similar device, unless specifically approved by the Council.
vii) Using water for a single pass cooling or heating system, or to dilute trade waste prior to disposal, unless specifically approved.
viii) Extending by hose or any other pipe a private water supply beyond that customer’s property.
ix) Providing water drawn from the Council supply to any other party without approval of the Council.Return to top

In the event of a breach, the Council shall serve notice on the customer advising the nature of the breach and the steps to be taken to remedy it. If, after seven days, the customer persists in the breach, the Council reserves the right to reduce the flow rate of water to the customer without notice. In such an event the full service of the supply shall be re-established only after payment of the appropriate fee and remedy of the breach to the satisfaction of the Council.

In addition, if the breach is such that the Council is required to disconnect the supply for health or safety considerations, the Council will carry out the disconnections as soon as possible.

6.2 Any tampering or interfering with Council equipment, either directly or indirectly, shall constitute a breach. Without prejudice to its other rights and remedies, the Council shall be entitled to estimate (in accordance with clause 5.12.5) 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.

APPENDIX 1

This appendix is for information purposes only. It does not form part of the New Plymouth District Council
Bylaw 2008.






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APPENDIX 2

This appendix is for information purposes only. It does not form part of the New Plymouth District Council
Bylaw 2008.

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