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Local Government Act 1974

Sewerage and stormwater drainage by territorial authorities - Private drains

462: Council may declare private drain to be public drain

You could also call this:

"Council can make some private drains public drains after a meeting."

Illustration for Local Government Act 1974

The council can decide to make a private drain a public drain by voting on it at a meeting. You will know about the meeting at least 14 days beforehand. The council thinks a private drain is one that was built for State housing under the Housing Act 1955 and serves two or more properties. If the council decides a private drain is now a public drain, they tell the Registrar-General of Land, who updates the land records to show the drain is now public.

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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=DLM421233.

Topics:
Government and voting > Local councilsHousing and property > Land use
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Part 26Sewerage and stormwater drainage by territorial authorities
Private drains

462Council may declare private drain to be public drain

  1. The council may, by resolution passed at a meeting of which at least 14 days' public notice has been given, declare any specified private drain in the district to be a public drain.

  2. For the purposes of this section, every drain constructed for State housing purposes under the Housing Act 1955 and serving 2 or more properties, or carrying water from any road channel or sump over or under any land to a watercourse or public drain, shall be deemed to be a private drain.

  3. Where a certificate under section 461 in relation to any private drain has been entered on the register pursuant to that section or the corresponding provisions of any former enactment and the drain has been declared to be a public drain pursuant to subsection (1),—

  4. the principal administrative officer shall send to the Registrar-General of Land an authenticated copy of the resolution under that subsection; and
    1. the Registrar-General of Land must enter on the records of title for the land served by that drain a memorandum that the drain has become a public drain.

      Notes
      • Section 462: inserted, on , by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
      • Section 462(3)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 462(3)(a): amended, on , pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).
      • Section 462(3)(b): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).