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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

451: Diversion, etc, of drainage works

You could also call this:

"Telling the council about plans that might affect their drainage system"

Illustration for Local Government Act 1974

If you want to build something or do some work that might affect the council's drainage system, you need to tell the council about your plans. The council will check if it's possible to move or change their drainage system without causing problems. If it is, they might make an agreement with you about how to do it. You will have to pay for changing the council's drainage system and any other costs they have because of it. If you don't follow the rules in the agreement, you will commit an offence against the Local Government Act 1974, which you can learn more about on the New Zealand legislation website.

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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=DLM421197.

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Government and voting > Local councilsHousing and property > Land use
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Part 26Sewerage and stormwater drainage by territorial authorities
Powers of council in respect of sewerage and stormwater drainage

451Diversion, etc, of drainage works

  1. If any person proposes to erect any building or to carry out any work in such a location and at such levels that the diversion, alteration, protection, or replacement of any of the drainage works of the council appears to be essential to the erection of the building or carrying on of the work,—

  2. that person shall notify the council of his proposals; and
    1. if the council is satisfied that it is practicable for its drainage works to be diverted, altered, protected, or replaced without material interference with the services for which it is responsible and that it is reasonable that this be done, it may enter into an agreement with that person as to the manner in which the drainage works shall be diverted, altered, protected, or replaced.

      1. The cost of so diverting, altering, protecting, or replacing the drainage works of the council shall be borne by that person, and all other costs which the council may incur in any way incidental thereto shall be paid to the council by that person.

      2. If that person fails to comply with any condition specified in any such agreement, he commits an offence against this Act.

      Notes
      • Section 451: inserted, on , by section 2 of the Local Government Amendment Act 1979 (1979 No 59).