Plain language law

New Zealand law explained for everyone

Local Government (Auckland Council) Act 2009

Water supply and wastewater services for Auckland - Auckland water organisations

59: Auckland water organisation may occupy certain Crown land without charge

You could also call this:

"Auckland water organisations can use some harbour land for free if they follow the rules."

Illustration for Local Government (Auckland Council) Act 2009

If you are an Auckland water organisation, you do not have to pay rent to the government for using land in an Auckland harbour where you have already built wastewater assets. You can use this land without charge, but you still have to follow the rules of the Resource Management Act 1991. This means you must comply with the Act's regulations, including any rules about occupying coastal marine areas.

When we talk about wastewater assets, we mean the ones that Watercare Services Limited already owned on 1 November 2010.

You still have to pay for occupying a coastal marine area if the Resource Management Act 1991 says you have to, even if you do not have to pay rent for the land.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3338632.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planningMoney and consumer rights > TaxesBusiness > Industry rules
Previous

58: Auckland water organisation must give effect to LTP and act consistently with other specified plans and strategies of Council, or

"Auckland water organisation must follow the council's plans and rules"

Next

60: Status of Auckland water organisation under Public Works Act 1981, or

"Auckland water organisation is treated like a local council under the Public Works Act 1981"

Part 5Water supply and wastewater services for Auckland
Auckland water organisations

59Auckland water organisation may occupy certain Crown land without charge

  1. An Auckland water organisation is not required to pay rent to the Crown in relation to any land in an Auckland harbour on, over, or under which an existing wastewater asset is constructed or laid.

  2. Nothing in subsection (1) affects any obligation an Auckland water organisation may have to comply with the Resource Management Act 1991 in relation to an existing wastewater asset (including any liability to pay for the occupation of a coastal marine area under any regulations made under that Act).

  3. In this section, existing wastewater asset means a wastewater asset held by Watercare Services Limited on 1 November 2010.

Notes
  • Section 59: added, on , by section 31 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).
  • Section 59(2): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).