91ITaking water when metering equipment not working

#### 91I Taking water when metering equipment not working 91I Taking water when metering equipment not working > > (1) A person who takes water from a water source to which this Part applies by means of a metered work while its metering equipment is not operating properly or is not operating and— > > > > > (a) who intentionally or negligently fails to ascertain whether the metering equipment is not operating properly or is not operating, or > > > > > (b) who knows or has reasonable cause to believe that the metering equipment is not operating properly or is not operating, > > > > is guilty of an offence. > > > > Tier 1 penalty. > > > (2) A person must not take water from a water source to which this part applies by means of a metered work while the metering equipment is— > > > > > (a) not operating properly, or > > > > > (b) not operating. > > > > Maximum penalty—Tier 2 penalty. > > > > Maximum civil penalty—Tier A civil penalty. > > > (3) Subsections (1) (b) and (2) do not apply if the person who takes the water complies with any requirements set out in the regulations for the purposes of this subsection. > > > (4) In this section, metered work means a water management work in connection with which metering equipment has been installed. > > Note. > > See also section 11 (1) (e) of the [Natural Resources Access Regulator Act 2017](/view/html/inforce/current/act-2017-064) and Schedule 2 to that Act. > > **s 91I:** Ins 2008 No 73, Sch 1 \[4\]. Am 2009 No 56, Sch 1.44 \[6\]; 2009 No 110, Sch 1 \[3\]; 2010 No 133, Sch 2 \[35\]; 2012 No 95, Sch 1.22 \[5\]; 2017 No 64, sec 19; 2018 No 31, Sch 1 \[43\]; 2025 No 70, Sch 3\[52\] \[53\].