Local Government Act 1974

Land drainage and rivers clearance - Powers of councils with respect to land drainage

509: Powers of council as to drainage channels and land drainage works

You could also call this:

"Council's power to fix and manage drains and waterways in your area"

Illustration for Local Government Act 1974

The council can buy, make, or fix drainage channels and land drainage works in your area. They can do this by working with the owner of private land to use their land for drainage channels or works. The council can also make drainage channels or works on, over, or under any land, including roads and public places.

They are allowed to alter roads, break into the surface, and stop traffic for a short time if needed. The council can make drainage works across streams or rivers, but they must not block navigation on rivers that people use, unless a special law says they can.

If the council needs to, they can change the course of a stream, river, ditch, or drainage channel. They can also alter drains, sewers, or pipes under roads to build or fix drainage channels or works. If the council lays drainage channels or works on private land, section 708 applies to this work.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM421473.


Previous

508: Repeal of special Act, or

"Stopping a special law that applies to a drainage channel"


Next

510: Inspection of private dams, etc, or

"Council checks private dams and waterways to ensure they are safe and working properly"

Part 29Land drainage and rivers clearance
Powers of councils with respect to land drainage

509Powers of council as to drainage channels and land drainage works

  1. The council may purchase, or make and maintain, or enlarge, and from time to time alter, extend, or repair, any drainage channel or land drainage works constructed under this Part in any drainage area in the district, and for that purpose may—

  2. contract with the owner of any private land for and acquire from him by deed duly executed the grant in perpetuity to the council of the use, occupation, and enjoyment of that land or any part thereof for the purpose of constructing and maintaining any drainage channel or land drainage works thereon:
    1. make drainage channels or land drainage works upon, over, or under any land:
      1. make drainage channels or land drainage works over or under any road or place to which the public have general access, or through any public reserve:
        1. alter the course or level of any road or public place, and break up and dig into the surface thereof and stop temporarily the traffic thereon:
          1. make land drainage works across any stream or river but so as not to impede the navigation upon any navigable river, except under the provisions of a special Act:
            1. alter the course or level of any stream or river, or of any ditch or drainage channel:
              1. alter any drain, sewer, gas pipe, other pipe, cable, or other apparatus of any kind on or under any road or public place, whether within or outside the district, so far as is necessary for the purpose of constructing and maintaining any drainage channel or land drainage works.
                1. Section 708 shall apply with respect to the laying of drainage channels or land drainage works on private land pursuant to subsection (1).

                Notes
                • Section 509: inserted, on , by section 2 of the Local Government Amendment Act 1979 (1979 No 59).