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New Zealand law explained for everyone

Resource Management Act 1991

Transitional provisions - Current mining privileges relating to water

416: Compensation

You could also call this:

“Rules about getting money if your water rights are taken away or changed”

You can’t ask for money if you lose something because of the rules in section 413. This is about water rights.

If the government takes your water rights, or if new rules about water hurt you, you can ask the regional council for money to make up for it. This is called compensation.

When deciding how much money to give you, the council will think about other people’s water rights too. They’ll pretend that everyone is using all the water they’re allowed to use.

If you want to ask for money, you need to follow the rules in the Public Works Act 1981. This law explains how to ask for compensation and how the council decides how much to give you.

When the council is working out how much money to give you, they’ll pretend that your water rights will end 30 years after the new rules start. This helps them decide how much your water rights are worth.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240600.

Topics:
Environment and resources > Conservation
Government and voting > Local councils
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“Regional councils can get special water permits through different ways, like buying them or making agreements.”

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“Rules for registering mining rights on someone else's land with the Land Office”

Part 15 Transitional provisions
Current mining privileges relating to water

416Compensation

  1. No compensation may be claimed for any loss, damage, or injurious affection resulting from the operation of any of subsections (1) to (7) of section 413.

  2. Notwithstanding section 85 but except as provided in subsection (3), the holder of a deemed permit—

  3. taken or acquired in whole or in part under section 415; or
    1. whose estate or interest in land is injuriously affected by, or who suffers any damage resulting from, a regional rule of the kind referred to in section 414—
        1. shall be entitled to compensation from the regional council for such taking, acquisition, injurious affection, or damage.

      1. When determining for the purposes of subsection (2)(b) the amount of any loss, damage, or injurious affection suffered by a holder of a deemed permit, the entitlement of a holder of any other deemed permit that is surrendered at the time the rule becomes operative shall be regarded as being used in full throughout the remainder of the duration of the first-mentioned permit.

      2. Except as provided in subsection (3),—

      3. claims for compensation under this section or under section 415 shall be made and determined in accordance with the Public Works Act 1981; and
        1. when determining the amount of compensation payable under the Public Works Act 1981 for any loss, damage, or injurious affection suffered, or for the taking or acquisition of the deemed permit,—
          1. for the purposes of section 62 of that Act in the case of a claim for injurious affection or damage resulting from a regional rule of the kind referred to in section 414, the specified date shall be the date the regional rule becomes operative; and
            1. for the purposes of that Act, the deemed permit shall be deemed to be due to expire on the 30th anniversary of the specified date.