Local Government Act 1974

Land drainage and rivers clearance - Land drainage areas

504: Declarations in relation to drainage areas

You could also call this:

"Having a say in how your local council manages land drainage areas"

Illustration for Local Government Act 1974

You can have a say in how your local council manages land drainage areas. A council can declare a whole district or just part of it as a drainage area. They can also change the boundaries of a drainage area or join two areas together.

When a council makes a declaration, they must define the area, give it a name, and say when it starts. You can find out more about this in sections 505 and 505A of the Local Government Act. A council can only make a declaration if most people vote for it or if a petition is presented to the council, as explained in section 505B.

Before making a declaration, the council must prepare a statement of proposal and make it available to you. This statement includes a draft of the declaration, reasons for it, and how to demand a poll or petition the council, as outlined in section 505 and section 505B. The council must also publicise a summary of the proposal so you can find out about it.

The council cannot vote on the declaration until at least 20 working days after they publicise the summary. This gives you time to find out about the proposal and have your say.

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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=DLM421450.


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Part 29Land drainage and rivers clearance
Land drainage areas

504Declarations in relation to drainage areas

  1. A council may, for the purpose of land drainage work, declare—

  2. all of its district to be a drainage area:
    1. part of its district to be a drainage area:
      1. 2 or more contiguous drainage areas to be a drainage area:
        1. the boundaries of a drainage area to be altered.
          1. A declaration must—

          2. define the relevant area; and
            1. assign a name to the drainage area; and
              1. fix the day on which the declaration takes effect.
                1. A council may make a declaration only if—

                2. a demand for a poll of electors is taken in accordance with sections 505 and 505A and results in a majority of votes in favour of the declaration; or
                  1. a petition complying with section 505B is presented to the council.
                    1. Before making a declaration, a council must—

                    2. prepare a statement of proposal in relation to the declaration that includes—
                      1. a draft of the declaration; and
                        1. a statement of the reasons for proposing to make the declaration; and
                          1. an explanation of the procedure—
                            1. to demand a poll under section 505; and
                              1. to petition the council under section 505B; and
                              2. when and where the council will vote on a motion to make the declaration; and
                                1. any other information that the council identifies as relevant; and
                                2. make the statement of proposal available in a way appropriate to the subject matter of the proposal; and
                                  1. produce a summary of proposal that—
                                    1. is a fair representation of the major matters in the statement of proposal; and
                                      1. explains how the statement of proposal is available; and
                                      2. publicise the summary of proposal in a way appropriate to the subject matter of the proposal.
                                        1. The council must not vote on a motion to make the declaration until at least 20 working days after the summary of proposal is first publicised under subsection (4)(d).

                                        Notes
                                        • Section 504: replaced, on , by section 16 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).