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Part 22: Wastewater Bylaw Review 2021


Consultation on the proposed changes to the Wastewater Bylaw closed on March 31, 2021. 

A Council decision on the basis of the charge rate will be made on the Thursday the 13th of May 2021.




The purpose of the Wastewater Bylaw is to promote and protect the health of communities and the environment, and to protect the wastewater drainage system from damage and misuse. Perceived Problems The Wastewater Bylaw seeks to address the following perceived problems in the Central Hawkes Bay District:

  • a) If a defect notice is served on a premise (public, private or business property or building) and no action is taken by the owner, then there is nothing in the bylaw to enable Council to rectify the defect, other than through the onerous route of provisions in the LGA. This is particularly for addressing inflow and infiltration on private property.
  • b) Inflow and infiltration are an issue in urban areas in the District. The stormwater bylaw and the wastewater bylaw cover this, but it is through Council processes that the ability to resolve I&I issues on private property needs to be managed and controlled.
  • c) Caravan disposal points will be installed in the District. The current bylaw does not specifically cover these types of wastes. 
  • d) Wastewater disconnections can cause inflow of stormwater into the wastewater system. By capping them and having a record of a capped wastewater lateral in Council’s system, this will assist with reducing inflow and infiltration (I&I), and for the next building connecting on that site for location of existing services.

The table below summarises the key changes proposed through this proposed new bylaw compared to the existing Central Hawkes Bay District Wastewater Bylaw 2018.


Key Changes to the Wastewater Bylaw

Key Change

Reason for the Change

  1. Inclusion of an introductory note including the Overarching Purpose, Objectives and Context of the new Bylaw

To set the scene for a holistic and integrated approach to all three of Council’s Water Services and meet Councils District Plan, Policies and Strategies

  1. Format of the bylaw such as removing unnecessary headings, amending some of the language used in clauses and moving, condensing or deleting some clauses within the bylaw.

To improve readability and flow of the document by removing any duplication within the bylaw and with the Local Government Act and clarifying the intent of the bylaw.

  1. A definition of tankered waste has been added into the bylaw and includes caravan disposal waste.

These are being installed in two locations in the district. Currently the bylaw does not cover caravan waste. This is now covered in the definition of tankered waste, defining it as domestic. The management and control of the caravan waste disposal points will be done through guidance on the Council website, and through Council processes.

  1. Disconnections have been updated to include the need for them to be capped.

This will assist with the prevention of inflow into the wastewater network, and with locating the private drains for any future connection to the existing drain


Assessment against the New Zealand Bill of Rights Act 1990

Consideration has been given to the New Zealand Bill of Rights Act 1990. The proposed Central Hawkes Bay District Wastewater Bylaw 2021 will not give rise to any implications under the NZBORA and the limits imposed by this proposed bylaw is appropriate to the purpose of the bylaw.


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