Plain language law

New Zealand law explained for everyone

Local Government Act 1974

Land drainage and rivers clearance - Removal of obstructions from drainage channels and watercourses

512: Power to require council to order removal of obstructions

You could also call this:

"Asking the council to clear blockages from waterways"

Illustration for Local Government Act 1974

If you live in a district, you can ask your council to remove obstructions from drainage channels and watercourses. You do this by sending the council a written notice, which is like a formal letter, asking them to give a notice under section 511(1) to the person responsible for the land. The council should then give that notice to the person responsible for the land.

If the council does not give the notice within one month of receiving your request, you can apply to the District Court for an order that requires the council to give the notice. The court will listen to your application and decide whether the council should give the notice and what it should say.

The court's decision is final, which means you cannot appeal it or ask for it to be changed.

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 It might be out of date or be missing some parts.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=DLM421485.

Topics:
Housing and property > Land useGovernment and voting > Local councils
Previous

511: Removal of obstructions from drainage channel or watercourse, or

"Council can ask you to clear blockages from waterways to prevent harm or damage"

Next

513: Order of court on application under section 511 or section 512, or

"What happens if you ask the court to help with a blocked waterway or drain?"

Part 29Land drainage and rivers clearance
Removal of obstructions from drainage channels and watercourses

512Power to require council to order removal of obstructions

  1. In any case where the council might give any notice under section 511(1) in respect of any land, any resident of the district may, by notice in writing, request the council to do so.

  2. If for the space of 1 month after the receipt of the last-mentioned notice the council fails to comply therewith, the resident making the request may apply to the District Court for an order requiring the council to comply with that notice.

  3. On the hearing of the application, the court shall determine whether and to what extent the notice shall be complied with by the council, and the decision of the court shall be final.

Notes
  • Section 512: inserted, on , by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
  • Section 512(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).