🏒 Government Inquiry into Havelock North Drinking-Water

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  1. 
		Government Inquiry into Havelock North Drinking Water website (Department of Internal Affairs), https://www.dia.govt.nz/Government-Inquiry-into-Havelock-North-Drinking-Water (accessed 21 August 2017).
    2. 
	
  2. 
		New Zealand Gazette website, https://gazette.govt.nz/ (accessed 21 August 2017).
    3. 


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	Establishment



	The Government Inquiry into Havelock North Drinking-Water was established on 15 September 2016 by the Attorney-General pursuant to section 6(3) of the Inquiries Act 2013.1



	The following persons were appointed to be members of the Inquiry:


    
	
  • 
		The Honourable Justice Lynton Laurence Stevens, QC (chairperson);
    • 
	
  • 
		Dr Karen Olive Poutasi, CNZM(member); and
    • 
	
  • 
		Anthony Edwin Wilson (member).2
    • 




	The Inquiry began considering evidence on 15 September 2016. The Department of Internal Affairs was responsible for administrative matters relating to the Inquiry.



	Background to the Inquiry3



	The Inquiry followed the widespread outbreak of gastroenteritis in Havelock North in August 2016, with more than 5000 people falling ill, following the confirmation of the presence of E. coli in the water supply. Testing through the health system led the Hastings District Council and the Hawke's Bay District Health Board staff to suspect that Campylobacter as the primary infectious agent.



	Drinking water supplies across New Zealand relied on different methods of take and treatment, depending on the nature and security of the water source. Drinking water supplies were regulated under the Health Act 1956 and the source of drinking water was regulated under the Resource Management Act and National Environmental Standards for sources of drinking water. The National Environmental Standards were given effect to by the Hawke’s Bay Regional Council.



	New Zealanders expected that water reticulated to their homes and businesses for drinking purposes would be safe to consume and use. The Havelock North water contamination incident risked damaging public confidence in local drinking water supplies.



	Terms of Reference



	Appointment and Order of Reference



	The Inquiry was required to look into and report (making recommendations that the Inquiry considers fit) upon the following:



	Inquire into how the Havelock North water supply system became contaminated, how this was subsequently addressed, how local and central government agencies responded to the public health outbreak that occurred as a result of the contamination and how to reduce the risk of outbreaks of this nature recurring.



	In relation to this incident of contamination of water at Havelock North in August 2016, to inquire into:


    
	
  1. 
		the causes of this incident including, but not limited to, engineering, catchment and infrastructure management, containment and process management, aquifer management, district and regional consenting processes, and monitoring and enforcement activities;
    2. 
	
  2. 
		the timing and adequacy of steps taken by the Hastings District Council, the Hawke’s Bay District Health Board and any other party, with regard to testing and diagnostics, reporting, public communication and ensuring a safe water supply in the short and long term;
    3. 
	
  3. 
		the practices used at each stage, from identifying that a contaminant was present, through to (and inclusive of) the response and recovery stages of the public health incident, including, but not limited to, timeliness, adequacy, effectiveness, coordination and information sharing, readiness of systems, and triggers for action;
    4. 
	
  4. 
		the response by central government agencies and the adequacy of support provided by them at the local level;
    5. 
	
  5. 
		the actions that should be taken in response to any identified and confirmed contamination source, and actions to ensure a safe water supply can be provided to Havelock North;
    6. 
	
  6. 
		practices and strategies to ensure the prevention of future such occurrences;
    7. 
	
  7. 
		the implementation of contingency plans for responding to water contamination and public health outbreak incidents by the relevant agencies;
    8. 
	
  8. 
		any lessons and improvements that could be made more broadly in the management of the water supply network in Havelock North and/or more broadly across New Zealand;
    9. 
	
  9. 
		the regulatory regimes under which various agencies operated and any lessons and improvements that could be made to local and central government systems or practices to expedite and deal effectively with the identification of public health outbreaks; and
    10. 
	
  10. 
		any improvements that could be made in any future response to emergency events of this nature.
    11. 




	Matters Upon or for Which Recommendations were Required



	The Inquiry was required to report on and make any recommendations it considered fit on:


    
	
  1. 
		The cause(s) of the Havelock North outbreak and whether any person or organisation was at fault or failed to meet required standards;
    2. 
	
  2. 
		the adequacy and appropriateness of responses by all relevant parties to the outbreak;
    3. 
	
  3. 
		the adequacy of the management of drinking-water supplies for Havelock North, the implementation of drinking-water standards, contingency planning, preparedness and the responses of local and central government agencies;
    4. 
	
  4. 
		any legal or regulatory changes or additions that were necessary and desirable to prevent or minimise similar incidents;
    5. 
	
  5. 
		any changes or additions to operational practices for monitoring, testing, reporting on and management of drinking-water supplies, implementation of drinking-water standards, contingency planning and responses by local and central government, to address the lessons from this incident; and
    6. 
	
  6. 
		any other matter which the Inquiry believed might promote the safety of drinking-water and/or prevent the recurrence of similar incidents.
    7. 




	Exclusions from the Inquiry and Scope of Recommendations



	The Inquiry was not to inquire into, determine, or report in an interim or final way, or otherwise prejudice any of the following matters:


    
	
  1. 
		Subject to sections 11(1) and 11(2) of the Inquiries Act 2013, questions of civil, criminal, or disciplinary liability;
    2. 
	
  2. 
		the structural arrangements for local government; or
    3. 
	
  3. 
		issues relating to water, aquifer and catchment management which were unrelated to the contamination of specific sources of drinking-water supplied to Havelock North.
    4. 




	Other Investigations to be Considered by the Inquiry



	The Inquiry was required to take account of the outcome of any other investigations into the issue undertaken by local or central government agencies, but was not bound in any way by the conclusions or recommendations of any such investigation.



	Reporting Sequence



	Initially, the Inquiry was required to report its findings and opinions, together with recommendations, required and otherwise, that it considered fit to make, to the Attorney-General in writing no later than 31 March 2017.



	In March 2017 the terms of reference were amended. The Inquiry was now required to report its findings and opinions in writing to the appointing Minister in two stages:


    
	
  • 
		Stage 1 would address matters directly related to the contamination event, focus on findings of fact and fault, and would report by 12 May 2017; and
    • 
	
  • 
		Stage 2 would address systemic issues, lessons to be learned and provide recommendations, and would report by 8 December 2017.4
    • 




	The report into Stage 1 was presented to the Minister on 10 May 2017, with the Stage 2 report released on 6 December 2017.



	Footnotes:


    
	
  1. 
		Establishment of the Government Inquiry into Havelock North Drinking-Water, New Zealand Gazette, 15 September 2016, Issue No. 81, Notice No. 2016-go5298, New Zealand Gazette website, https://gazette.govt.nz/notice/id/2016-go5298 (accessed 21 August 2017).
    2. 
	
  2. 
		Ibid.
    3. 
	
  3. 
		Government Inquiry into Havelock North Drinking Water website (Department of Internal Affairs), https://www.dia.govt.nz/Government-Inquiry-into-Havelock-North-Drinking-Water (accessed 21 August 2017).
    4. 
	
  4. 
		Amendment to the Terms of Reference for the Government Inquiry into Havelock North Drinking-Water, New Zealand Gazette, 30 March 2017, Issue No.35, Notice No.2017-go1513, New Zealand Gazette website, https://www.gazette.govt.nz/notice/id/2017-go1513 (accessed 21 August 2017).
    5. 


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Agency

AGPH

2016 ‑ 2017

Central government

Establishment of the Government Inquiry into Havelock North Drinking-Water (New Zealand Gazette, 15 September 2016, Issue No. 81, Notice No. 2016-go5298)

The Government Inquiry into Havelock North Drinking Water was formed to inquire into how, in August 2016, the Havelock North water supply system became contaminated, how it was subsequently addressed, how local and central government agencies responded to the public health outbreak that occurred as a result of the contamination, and how to reduce the risks of such a nature recurring.

Auckland

Show History

Establishment

The Government Inquiry into Havelock North Drinking-Water was established on 15 September 2016 by the Attorney-General pursuant to section 6(3) of the Inquiries Act 2013.1

The following persons were appointed to be members of the Inquiry:

  • The Honourable Justice Lynton Laurence Stevens, QC (chairperson);
  • Dr Karen Olive Poutasi, CNZM(member); and
  • Anthony Edwin Wilson (member).2

The Inquiry began considering evidence on 15 September 2016. The Department of Internal Affairs was responsible for administrative matters relating to the Inquiry.

Background to the Inquiry3

The Inquiry followed the widespread outbreak of gastroenteritis in Havelock North in August 2016, with more than 5000 people falling ill, following the confirmation of the presence of E. coli in the water supply. Testing through the health system led the Hastings District Council and the Hawke's Bay District Health Board staff to suspect that Campylobacter as the primary infectious agent.

Drinking water supplies across New Zealand relied on different methods of take and treatment, depending on the nature and security of the water source. Drinking water supplies were regulated under the Health Act 1956 and the source of drinking water was regulated under the Resource Management Act and National Environmental Standards for sources of drinking water. The National Environmental Standards were given effect to by the Hawke’s Bay Regional Council.

New Zealanders expected that water reticulated to their homes and businesses for drinking purposes would be safe to consume and use. The Havelock North water contamination incident risked damaging public confidence in local drinking water supplies.

Terms of Reference

Appointment and Order of Reference

The Inquiry was required to look into and report (making recommendations that the Inquiry considers fit) upon the following:

Inquire into how the Havelock North water supply system became contaminated, how this was subsequently addressed, how local and central government agencies responded to the public health outbreak that occurred as a result of the contamination and how to reduce the risk of outbreaks of this nature recurring.

In relation to this incident of contamination of water at Havelock North in August 2016, to inquire into:

  1. the causes of this incident including, but not limited to, engineering, catchment and infrastructure management, containment and process management, aquifer management, district and regional consenting processes, and monitoring and enforcement activities;
  2. the timing and adequacy of steps taken by the Hastings District Council, the Hawke’s Bay District Health Board and any other party, with regard to testing and diagnostics, reporting, public communication and ensuring a safe water supply in the short and long term;
  3. the practices used at each stage, from identifying that a contaminant was present, through to (and inclusive of) the response and recovery stages of the public health incident, including, but not limited to, timeliness, adequacy, effectiveness, coordination and information sharing, readiness of systems, and triggers for action;
  4. the response by central government agencies and the adequacy of support provided by them at the local level;
  5. the actions that should be taken in response to any identified and confirmed contamination source, and actions to ensure a safe water supply can be provided to Havelock North;
  6. practices and strategies to ensure the prevention of future such occurrences;
  7. the implementation of contingency plans for responding to water contamination and public health outbreak incidents by the relevant agencies;
  8. any lessons and improvements that could be made more broadly in the management of the water supply network in Havelock North and/or more broadly across New Zealand;
  9. the regulatory regimes under which various agencies operated and any lessons and improvements that could be made to local and central government systems or practices to expedite and deal effectively with the identification of public health outbreaks; and
  10. any improvements that could be made in any future response to emergency events of this nature.

Matters Upon or for Which Recommendations were Required

The Inquiry was required to report on and make any recommendations it considered fit on:

  1. The cause(s) of the Havelock North outbreak and whether any person or organisation was at fault or failed to meet required standards;
  2. the adequacy and appropriateness of responses by all relevant parties to the outbreak;
  3. the adequacy of the management of drinking-water supplies for Havelock North, the implementation of drinking-water standards, contingency planning, preparedness and the responses of local and central government agencies;
  4. any legal or regulatory changes or additions that were necessary and desirable to prevent or minimise similar incidents;
  5. any changes or additions to operational practices for monitoring, testing, reporting on and management of drinking-water supplies, implementation of drinking-water standards, contingency planning and responses by local and central government, to address the lessons from this incident; and
  6. any other matter which the Inquiry believed might promote the safety of drinking-water and/or prevent the recurrence of similar incidents.

Exclusions from the Inquiry and Scope of Recommendations

The Inquiry was not to inquire into, determine, or report in an interim or final way, or otherwise prejudice any of the following matters:

  1. Subject to sections 11(1) and 11(2) of the Inquiries Act 2013, questions of civil, criminal, or disciplinary liability;
  2. the structural arrangements for local government; or
  3. issues relating to water, aquifer and catchment management which were unrelated to the contamination of specific sources of drinking-water supplied to Havelock North.

Other Investigations to be Considered by the Inquiry

The Inquiry was required to take account of the outcome of any other investigations into the issue undertaken by local or central government agencies, but was not bound in any way by the conclusions or recommendations of any such investigation.

Reporting Sequence

Initially, the Inquiry was required to report its findings and opinions, together with recommendations, required and otherwise, that it considered fit to make, to the Attorney-General in writing no later than 31 March 2017.

In March 2017 the terms of reference were amended. The Inquiry was now required to report its findings and opinions in writing to the appointing Minister in two stages:

  • Stage 1 would address matters directly related to the contamination event, focus on findings of fact and fault, and would report by 12 May 2017; and
  • Stage 2 would address systemic issues, lessons to be learned and provide recommendations, and would report by 8 December 2017.4

The report into Stage 1 was presented to the Minister on 10 May 2017, with the Stage 2 report released on 6 December 2017.

Footnotes:

  1. Establishment of the Government Inquiry into Havelock North Drinking-Water, New Zealand Gazette, 15 September 2016, Issue No. 81, Notice No. 2016-go5298, New Zealand Gazette website, https://gazette.govt.nz/notice/id/2016-go5298 (accessed 21 August 2017).
  2. Ibid.
  3. Government Inquiry into Havelock North Drinking Water website (Department of Internal Affairs), https://www.dia.govt.nz/Government-Inquiry-into-Havelock-North-Drinking-Water (accessed 21 August 2017).
  4. Amendment to the Terms of Reference for the Government Inquiry into Havelock North Drinking-Water, New Zealand Gazette, 30 March 2017, Issue No.35, Notice No.2017-go1513, New Zealand Gazette website, https://www.gazette.govt.nz/notice/id/2017-go1513 (accessed 21 August 2017).

Under section 33(1) of the Inquiries Act 2013, the Government Inquiry into Havelock North Drinking Water is defined as a public office for the purposes of the Public Records Act 2005.


  1. Government Inquiry into Havelock North Drinking Water website (Department of Internal Affairs), https://www.dia.govt.nz/Government-Inquiry-into-Havelock-North-Drinking-Water (accessed 21 August 2017).
  2. New Zealand Gazette website, https://gazette.govt.nz/ (accessed 21 August 2017).





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