Local Government Act 1974

Divestment of land drainage schemes and water race schemes

517B: Interpretation

You could also call this:

"What special words mean in this part of the law"

Illustration for Local Government Act 1974

When you read this part of the law, some words have special meanings. A drainage area is an area set up under Part 29 for land drainage. It is used for land drainage purposes.

You will see the terms drainage channel and channel, which have meanings given by section 503. A land drainage scheme refers to all drainage channels or works related to a particular land drainage system.

A land drainage scheme is controlled by a council. The term land drainage works also has a meaning given by section 503.

When you hear the term occupier, it means the owner of the land, but sometimes it can mean someone else who has the right to occupy the land. This can happen if someone has a tenancy or lease for at least 12 months.

A scheme asset is any property used for a land drainage or water race scheme. This includes land, buildings, and equipment, as well as financial reserves and securities, which are like special kinds of investments.

Scheme liabilities refer to any debts or obligations related to a land drainage or water race scheme. These can include things like loans or agreements.

A scheme owner is the person or group in control of a land drainage or water race scheme after it has been transferred. A scheme user is the person who occupies the land served by the scheme, or someone who operates another drainage or water supply system that uses the scheme.

You might see the term water race, which has a meaning given by section 422(1). A water race area is an area set up under Part 25, and a water race scheme refers to all water races related to a particular system, constructed or established by a council under Part 25.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421511.


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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."


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517C: Purposes of this Part, or

"Helping communities take over local water schemes"

Part 29ADivestment of land drainage schemes and water race schemes

517BInterpretation

  1. 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—

              1. any estate or interest in any land, including all rights of occupation of land or buildings:
                1. all buildings, vehicles, plant, equipment, and machinery, and any rights therein:
                  1. all financial reserves, and any rights therein:
                    1. all securities within the meaning of the Securities Act 1978:
                      1. 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:
                        1. 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—

                          1. liabilities and obligations under any Act or agreement; and
                            1. deposits and other debt securities within the meaning of the Securities Act 1978; and
                              1. 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.

                                        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).