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Local Government Act 2002

Offences, penalties, infringement offences, and legal proceedings - Offences - Offences relating to water races and private drains

228: Offences relating to water races

You could also call this:

“Rules about what you can and can't do with water channels”

You can get in trouble if you do certain things with water races. Water races are channels that carry water. Here’s what you’re not allowed to do:

You can’t create a nuisance near a water race. You can’t take water from a water race if you’re not allowed to. If you are allowed to use water from a water race, you can’t give it to someone else who isn’t allowed to use it.

You’re not allowed to wash things in a water race or throw rubbish or animals into it. Don’t drive machinery through a water race except at special crossing places. You can’t block the flow of water in a water race.

If you own land next to a water race, you need to make sure plants from your land don’t grow into the water race or block its flow. You can’t make the water in a water race dirty or unsafe to drink.

If you own animals, you can’t let them go into a water race or the places where water for the race comes from. If you want to do any work on a water race or things connected to it, you need to tell the local council first and get their permission in writing.

If you do any of these things, you might have to pay a fine. The amount of the fine is explained in section 242(1) of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM174018.

Topics:
Government and voting > Local councils
Environment and resources > Water safety
Housing and property > Land use
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Part 9 Offences, penalties, infringement offences, and legal proceedings
Offences: Offences relating to water races and private drains

228Offences relating to water races

  1. Every person commits an offence and is liable on conviction to the penalty specified in section 242(1) who—

  2. commits a nuisance in or near a water race; or
    1. without being authorised to be supplied with water from a water race, takes water from the supply provided to another person; or
      1. is supplied with water from a water race and—
        1. supplies that water to another person who is not authorised to be supplied with water from a water race; or
          1. permits another person who is not authorised to be supplied with water from a water race to take water from the water race; or
          2. bathes or washes clothing or other things in, or throws an animal, refuse, litter, or debris into, a water race; or
            1. takes machinery through or across a water race, except at an appointed crossing place; or
              1. obstructs by any means the flow of water in a water race; or
                1. permits vegetation or other matter to grow or spread from land that person occupies—
                  1. into, on, or over a water race; or
                    1. into, on, or over land reserved or used for a water race; or
                      1. into, on, or over land where the vegetation or other matter is likely to obstruct the flow of water in a water race; or
                      2. directly or indirectly pollutes or causes to be polluted the water in a water race or in a watercourse used for supplying water to a water race in a manner that—
                        1. is offensive; or
                          1. makes the water a danger to human health; or
                          2. allows livestock that the person owns or controls to trespass on to—
                            1. a water race; or
                              1. a watercourse used for supplying water to a water race; or
                              2. carries out work on, or in relation to, a water race or structure, apparatus, or other thing—
                                1. connected with a water race; or
                                  1. used in supplying water to, or to distribute water from, a water race, without first—
                                    1. notifying the local authority of the intention to carry out the work; and
                                      1. obtaining written authorisation from the local authority, with terms or conditions the local authority thinks fit.

                                    Compare
                                    Notes
                                    • Section 228: amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                    • Section 228(b): substituted, on , by section 20 of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).
                                    • Section 228(c): substituted, on , by section 20 of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).