Local Government Act 1974

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

515: Removal of obstructions in watercourses outside the district

You could also call this:

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

Illustration for Local Government Act 1974

If you live near a river or stream that goes beyond your local area, the council can ask you to remove things that block the water flow. This is because blocked water can cause problems like damage to property or even hurt people in your area. The council can ask you to remove earth, stone, or plants that are blocking the water, or to trim trees that are hanging over the water.

If the council asks you to do this, you will get a written notice telling you what to do. The rules that apply to these notices are the same as the rules for notices under section 511.

When the council talks about removing things that block the water, they mean getting rid of things like earth, stone, or plants that are in the way. They also mean trimming trees that are hanging over the water, which is explained in section 511(9).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421497.


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


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516: Exercise of powers on roads and public works not under control of council, or

"Rules for drainage on roads and public works not run by the local council"

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

515Removal of obstructions in watercourses outside the district

  1. Where any watercourse under the control of the council extends beyond the limits of the district, and its obstruction is likely to cause loss of life, injury, or damage to property within the district, the council may, by notice in writing, require the occupier or, where there is no occupier, the owner of any land on the banks of the river, stream, or watercourse for a distance of 1 500 metres beyond the upstream boundary or downstream boundary of the district to remove any earth or stone, and any driftwood, tree, shrub, or bush, or any part thereof, impeding the free flow of water in that watercourse, or to lower or trim any part of a tree, shrub, or bush overhanging that watercourse and likely to fall therein, within the space of the aforesaid 1 500 metres.

  2. Subsections (2) to (7) and (9)(b) of section 511 shall apply with respect to every notice under this section as if it were a notice given under subsection (1) of the said section 511.

  3. In this section the terms obstruction and remove have the same meanings as in section 511(9).

Notes
  • Section 515: inserted, on , by section 2 of the Local Government Amendment Act 1979 (1979 No 59).