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Local Government Act 1974

Sewerage and stormwater drainage by territorial authorities - Powers of council in respect of sewerage and stormwater drainage

447: Betterment contributions where watercourse covered in

You could also call this:

"Paying the council when they cover a watercourse and your land value increases"

Illustration for Local Government Act 1974

If the council spends money to cover a watercourse, you might have to pay them some money. This is because your land might become more valuable after the watercourse is covered. The council can ask you to pay the amount that your land has increased in value, or a smaller amount. You can find out more about how this works by looking at section 446 and section 326 of the Local Government Act. The rules about paying for road widening also apply to paying for covering a watercourse, with some changes to make them fit the situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421186.

Topics:
Government and voting > Local councilsHousing and property > Land use
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446: Council may cover in watercourse so as to make it a public drain, or

"Council can cover a polluted watercourse to make it a public drain for public health and safety."

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448: Stormwater may be led into watercourses, or

"Councils can put stormwater into rivers and streams, but this rule is no longer in effect."

Part 26Sewerage and stormwater drainage by territorial authorities
Powers of council in respect of sewerage and stormwater drainage

447Betterment contributions where watercourse covered in

  1. Where the council incurs any expenditure in enclosing and covering in any watercourse under the powers conferred by section 446, each owner of land benefited or likely to be benefited from the enclosing and covering in of the watercourse shall, if the council so requires, pay to the council on account of betterment the amount of the increased value thereby given, or likely to be given, to his land, or any smaller amount.

  2. Subsections (3) to (10) of section 326 (relating to betterment contributions due to road widening), as far as they are applicable and with the necessary modifications, shall apply with respect to claims for betterment under this section as if it were a claim for betterment under the said section 326, and as if the reference in subsection (4) of the said section 326 to the widening of a road or part of a road was a reference to the enclosing and covering in of a watercourse.

Notes
  • Section 447: inserted, on , by section 2 of the Local Government Amendment Act 1979 (1979 No 59).