Recommendation about offence against Water Act 2000
54 Recommendation about offence against Water Act 2000
This section applies if—
the land access ombudsman has accepted—
a land access dispute referral; or
an application to conduct an ADR; and
the ombudsman reasonably suspects a party to the land access dispute or the ADR who holds a resource authority has committed, is committing, or is likely to commit, an offence against the Water Act 2000, chapter 3 (the possible offence).
The land access ombudsman may give the chief executive (water) a notice stating—
the name of the party; and
details of the possible offence; and
the land access ombudsman recommends the investigation of the possible offence.
Before taking action under subsection (2), the land access ombudsman must give the party a notice—
stating the proposed action; and
inviting the party to make a submission to the ombudsman, within a stated reasonable period, about the proposed action.
The party may make submissions orally or in writing.
The land access ombudsman must have regard to any submissions made by the party within the stated period before giving a notice under subsection (2).
The notice under subsection (2) may also—
disclose information given to the land access ombudsman by either party in relation to the land access dispute referral that is relevant to the possible offence; and
include a copy of a notice given to the parties under section 51(2).
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.