95Unauthorised use of water or effluent

95 Unauthorised use of water or effluent (1) A person must not, without the written approval of the licensee, use (whether on the person's land or elsewhere) a device or fitting intended to divert or abstract water or effluent from the licensee's water supply or sewerage services infrastructure in a manner that the water or effluent used by the person is not recorded on a meter owned by the licensee.

Water Supply and Sewerage Services Act 2000 49 (2) In a prosecution for an offence against subsection (1), the existence of a pipe, hose, device or fitting leading from a point in the service pipe to a person's land to a point on the person's land is prima facie evidence that water was diverted by the person. (3) On finding a person guilty of an offence against this section, a court: (a) may order the person to pay to the licensee an amount that the licensee considers reasonable by way of damages; and (b) for that purpose – may require the licensee to submit a written estimate of the amount of water unlawfully diverted or abstracted by the offender. (4) This section does not apply to the use of water to fight a fire.