Local Government Act 1974

Sewerage and stormwater drainage by territorial authorities - Private drains

460: Construction of private drains through adjoining premises

You could also call this:

"Building a drain through someone else's property with council help"

Illustration for Local Government Act 1974

If you want to build a private drain through someone else's property, but they won't let you, the council can help. The council can decide to build the drain if it's the only practical way to do it. Before they make this decision, they will talk to the owner of the property and listen to their concerns. You will have a chance to tell the council why you don't want the drain on your property. The council will pay for the work to be done, including any compensation for damage to the property, and then they can ask the owner of the land that the drain is for to pay them back.

If the council and the property owner can't agree on how much compensation to pay, the matter will be sorted out using the rules from the Public Works Act 1981. The council will follow the same rules as they would for a public work. This means the property owner's claim for compensation will be treated like any other claim for a public work.

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This page was last updated on 10 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421226.

Topics:

Government and voting > Local councilsHousing and property > Land use

459: Council may require owners of land in certain cases to provide private drains, or

"Council can ask landowners to fix or build private drains to help with water drainage"

461: Further provisions with respect to private drains, or

"Rules about private drains on your property and who pays to fix them"

Part 26Sewerage and stormwater drainage by territorial authorities
Private drains

460Construction of private drains through adjoining premises

Where, in the opinion of the council, the only practical route of any new private drain is through 1 or more adjoining premises, and any owner or owners of any of those premises will not consent to its construction, the council may, pursuant to a resolution in that behalf, of which notice shall be given to the owner or owners withholding his or their consent as aforesaid, enter upon his or their premises and execute, provide, and do all or any of the works, materials, and things which the council considers necessary, in order that the drain shall be laid in an efficient manner.
Before passing a resolution under subsection (1), the council shall give to every owner refusing his consent as aforesaid an opportunity to be heard before a committee of the council.
The cost incurred by the council in carrying out the said work, including the payment of compensation for injurious affection to any premises through which the drain is laid, shall be payable by the council in the first instance, and may be recovered by it from the owner of the land to be served by the private drain; and section 465 shall apply with respect to the amount so recoverable as if it were an advance made by the council under section 463.
If agreement cannot be reached between the council and any claimant for any such injurious affection, the matter shall be determined as if the work were a public work and the claim were a claim for injurious affection in respect thereof under the Public Works Act 1981.

Notes

Section 460: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
Section 460(4): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).