Receiverships Act 1993

Local authorities and water organisations

40A: Instrument may provide for appointment of receiver

You could also call this:

"A lender can appoint someone to manage assets if a borrower can't pay back a loan."

Illustration for Receiverships Act 1993

If you have a charge over assets of a local authority, a water organisation, or Watercare, you can appoint a receiver to manage those assets. This can be done through an instrument that sets out the terms and conditions of the charge, as long as it does not limit any other rights or remedies you have under the Personal Property Securities Act 1999. You can exercise any other rights or use any other remedies you have as the holder of the charge.

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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=DLM327777.


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"What 'water organisation' and 'Watercare' mean in the law"


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40B: Power of court to appoint receiver, or

"The court can appoint a helper to manage assets when someone owes money and can't pay."

40AInstrument may provide for appointment of receiver

  1. Subject to the Personal Property Securities Act 1999, and without limiting any other rights or remedies of the holder of a charge over any asset of a local authority, a water organisation, or Watercare, an instrument creating or evidencing the terms and conditions of the charge may provide for the appointment of a receiver of such assets in such terms as the parties may agree and the holder of that charge may exercise any such other rights or use any such other remedies.

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Notes
  • Section 40A: inserted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
  • Section 40A: amended, on , by section 63 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
  • Section 40A: amended, on , by section 117 of the Local Government (Water Services Preliminary Arrangements) Act 2024 (2024 No 31).