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Local Government Act 1974

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

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

You could also call this:

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

Illustration for Local Government Act 1974

If you apply to the District Court under section 511(2) or section 512(2), the court can make some decisions. The court can decide who pays for removing an obstruction from a drainage channel or watercourse. You might have to pay for some of the costs if you own the land or if your local area will benefit from the removal. The court can also decide who does the work and when it must be finished, and it can say when and to whom the costs are paid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421488.

Topics:
Environment and resources > Town planningHousing and property > Land useGovernment and voting > Local councils
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"Asking the council to clear blockages from waterways"

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

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

  1. Where under section 511(2) or section 512(2) application is made to the District Court for an order setting aside a notice under subsection (1) of the said section 511 or, as the case may be, an order requiring the council to comply with a notice under subsection (1) of the said section 512, then, notwithstanding anything in the said section 511 or section 512, the court may, in its discretion,—

  2. direct that—be borne by any person holding any interest in the land or by any local authority whose district or works will be improved by that removal:
    1. a portion of the cost of removing the obstruction; and
      1. a portion of the cost and expenses incurred by the council under section 511 or section 512 in respect of any investigations or supervision carried out by the officers or agents of the council,—
      2. decide when and to whom that cost is to be paid:
        1. direct who shall do the work and the time within which it is to be completed.

          Notes
          • Section 513: inserted, on , by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
          • Section 513: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 513(a): replaced, on , by section 9 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).