Local Government Act 1974

Land drainage and rivers clearance - General provisions

517: Bylaws for protection of land drainage works

You could also call this:

"Council rules to protect drains and waterways"

Illustration for Local Government Act 1974

The council can make rules to protect land drainage works. You can find more information about the council's powers to make rules in section 684. The council can make rules about things like how to use drainage channels, who can connect to them, and how to build crossings over watercourses. The council can also make rules to stop people from interfering with drainage channels, dams, and other related buildings. They can make rules to regulate the planting of trees and the erection of structures near watercourses, and to require people to remove anything that obstructs the flow of water.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421505.


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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"


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517A: This Part subject to Resource Management Act 1991 and Soil Conservation and Rivers Control Act 1941, or

"This part of the law must follow the rules of the Resource Management Act and the Soil Conservation Act."

Part 29Land drainage and rivers clearance
General provisions

517Bylaws for protection of land drainage works

  1. Without limiting the powers of the council to make bylaws conferred by section 684, the council may from time to time make bylaws—

  2. to regulate the use of any constructed drainage channel under the control of the council:
    1. to determine the conditions on which other constructed public or private drainage channels may be connected or continue to be connected with any constructed drainage channel under the control of the council, including in those conditions the payment to the council of any annual or other charges:
      1. to compel owners of land on or adjoining which there are any watercourses or drainage channels to construct, maintain, and renew crossings thereover at places and in manner approved by the council:
        1. to regulate the construction and maintenance of crossings over watercourses and drainage channels:
          1. to provide that in the case of specified watercourses or drainage channels, or parts thereof, the crossings shall be bridges or culverts constructed at places and in manner approved by the council:
            1. to prohibit the passing over any watercourse or drainage channel except at appointed crossings:
              1. prohibiting interference without the consent of the council with dams, reservoirs, headworks, and buildings connected with drainage channels:
                1. to prohibit the widening and deepening of drainage channels, or the alteration of the course thereof, without the consent of the council:
                  1. prohibiting or regulating the planting of any trees, hedges, or other plants or the erection of any structures on or within a specified distance from the banks of any watercourse or drainage channel where they will obstruct or be likely to obstruct the free passage along the banks of the watercourse or channel of machinery or apparatus used for the purpose of improving, maintaining, or cleaning watercourses or channels, and requiring owners and occupiers of land on which any trees, hedges, or other plants are planted or structures are erected in breach of the bylaws to remove them:
                    1. regulating the erection of any structures or fences within a specified distance of any watercourse or drainage channel or in any place where they will obstruct or be likely to obstruct the free flow of flood waters in any existing flood channel:
                      1. authorising the council to require the removal, burning, poisoning, cutting, or treating (whether with or without the removal of the burnt, poisoned, cut, or treated portions) of trees, plants, weeds, or growths that obstruct or will be likely to obstruct the free flow of water in any watercourse or drainage channel or the free flow of flood waters in any existing flood channel:
                        1. to prohibit or regulate the pumping or releasing of water into any watercourse or drainage channel:
                          1. generally, to prevent trespasses, nuisances, and obstructions to drainage channels, and to make all such provision as to the council may seem necessary or expedient for the protection and proper management of drainage channels.
                            Notes
                            • Section 517: inserted, on , by section 2 of the Local Government Amendment Act 1979 (1979 No 59).