Local Government Act 1974

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

514: Council may make advances to owners

You could also call this:

"Council can lend money to landowners to help with improvements or rule compliance"

Illustration for Local Government Act 1974

The council can lend money to land owners to help them follow the rules under section 511 or to improve drainage channels or watercourses near their land. You can use this money to do the work yourself or the council can do it for you if you agree to that. The council will charge you interest on the loan.

The council and you can agree on how you will repay the loan, either all at once or in smaller payments over time. You can also agree on the interest rate and how often you make payments. If you want to pay the loan back early, you can, and you will only have to pay interest up to the day you pay it back.

If you repay the loan in one payment, the council can make sure you pay it back by using your land as security. If you repay the loan in smaller payments, each payment is a charge on your land. You are responsible for paying back the loan, and you have to pay interest on it.

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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=DLM421492.


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515: Removal of obstructions in watercourses outside the district, or

"Clearing blockages from rivers and streams that affect other areas"

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

514Council may make advances to owners

  1. The council may make advances to the owner of any land within the district for the purpose of enabling him to do all things necessary to comply with any requirement of the council under section 511 or to cover in or improve any drainage channel or watercourse on the banks of which that land is situated.

  2. Instead of making any such advance to any owner, the council may, by agreement with the owner, itself do all or any of the things referred to in subsection (1), and all money expended by the council pursuant to that agreement, together with an amount to cover the cost of supervision by the officer or agents of the council, is deemed to be an advance for the purposes of this section.

  3. The council and the owner may agree that the amount of any advance shall be repayable in 1 amount at a fixed time with interest at a rate per annum fixed by the council, or by instalments extending over a number of years with interest not exceeding that rate. The agreement may contain any incidental provisions and may provide for the earlier payment of instalments, or any of them, on terms to be mentioned in the agreement: provided that, where the agreement makes no provision as aforesaid for early payment of instalments, the council shall accept payment of the whole of the unpaid instalments at any time when payment is tendered, and for the purpose of any such tender interest shall be paid up to and including the day of tender.

  4. That agreement may, where the money is repayable in 1 amount, contain provisions for securing the repayment thereof, and, where the money is repayable by instalments, each such instalment is a charge on the land: provided that the owner for the time being of the premises shall in all cases be deemed the person primarily liable for payment.

Notes
  • Section 514: inserted, on , by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
  • Section 514(2): replaced, on , by section 10 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
  • Section 514(3): amended, on , by section 6 of the Local Government Amendment Act (No 4) 1999 (1999 No 108).
  • Section 514(4): amended, on , by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).