Part 29ADivestment of land drainage schemes and water race schemes
517BInterpretation
In this Part, unless the context otherwise requires,—
drainage area means any area constituted under Part 29 for land drainage purposes
drainage channel and channel have the meanings given to those terms by section 503
land drainage scheme means all drainage channels or land drainage works relating to a particular land drainage system vested in a council or acquired or constructed or operated by or under the control of a council under Part 29
land drainage works has the meaning assigned to that term by section 503
occupier, in relation to any land, means the owner of the land, except where a person other than the owner has a right to occupy the land by virtue of a tenancy granted for a term of not less than 12 months certain, in which case the term occupier means that person; and includes any person having a right to occupy the land by virtue of a lease, licence, or other authority for a term of not less than 12 months certain
scheme asset means any real or personal property of any kind of the local authority that is held or used (whether solely or partially) for the purposes of, or in relation to any land drainage scheme or water race scheme proposed to be transferred under this Part, whether or not subject to rights, and, without limiting the generality of the foregoing provisions of this definition, includes—
- any estate or interest in any land, including all rights of occupation of land or buildings:
- all buildings, vehicles, plant, equipment, and machinery, and any rights therein:
- all financial reserves, and any rights therein:
- all securities within the meaning of the Securities Act 1978:
- all rights of any kind, including rights under Acts, deeds, agreements, or licences, and any kind of consent granted under the Resource Management Act 1991, and all applications for and objections against applications for such rights:
- annual revenue (or any proportion thereof) received by a local authority from land vested in the local authority in trust or as an endowment for the purpose of or in relation to the land drainage scheme or water race scheme; but does not include any interest in any such land
scheme liabilities means any liabilities of the local authority that were incurred (whether solely or partially) for the purposes of any land drainage scheme or water race scheme proposed to be transferred under this Part and, without limiting the generality of the foregoing provisions of this definition, includes—
- liabilities and obligations under any Act or agreement; and
- deposits and other debt securities within the meaning of the Securities Act 1978; and
- contingent liabilities
scheme owner means, in relation to a land drainage scheme or water race scheme transferred under this Part, any person or group of persons who control that scheme after its transfer
scheme user, in relation to any land drainage scheme or water race scheme proposed to be transferred, means the occupier, whether solely or jointly with others, of any land served by the land drainage scheme or water race scheme; and includes the operator of any other drainage system or water supply system that utilises that land drainage scheme or water race scheme
water race has the meaning given to that term by section 422(1)
water race area means a water race area constituted under Part 25
water race scheme means all water races relating to a particular water race system and constructed or established, or deemed to be constructed by a council, under Part 25.
- any estate or interest in any land, including all rights of occupation of land or buildings:
Notes
- Section 517B: inserted, on , by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
- Section 517B scheme asset paragraph (e): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).


