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Local Government Act 1974

Divestment of land drainage schemes and water race schemes - Transfer petitions and transfer proposals

517F: Duty of local authority upon receipt of transfer petition and transfer proposal

You could also call this:

"What happens when you ask your local council to consider a transfer proposal?"

Illustration for Local Government Act 1974

When you send a transfer petition and proposal to your local authority, they must check it. If the petition does not have enough valid signatures, which is more than 50% of the properties served by the scheme, it is not effective. It is also not effective if the proposal is the same or very similar to one that was sent to the local authority in the last 36 months. You will be told if your petition or proposal is not effective. If your proposal does not cover all the necessary matters, as outlined in section 517I, the local authority will send it back to you with a statement saying what is missing, so you can fix it and send it back. If the local authority sends your proposal back, you can still send a new petition under section 517E and the local authority will consider your new proposal as if the old one never existed, except they will still check if it is similar to one sent in the last 36 months, as stated in section 517E.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421546.

Topics:
Government and voting > Local councilsHousing and property > Land use
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517E: Initiation of transfer, or

"Asking to take over a land drainage or water race scheme from the local authority"

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517G: Signatures to transfer petition, or

"How to sign a petition to transfer something, and who can sign it"

Part 29ADivestment of land drainage schemes and water race schemes
Transfer petitions and transfer proposals

517FDuty of local authority upon receipt of transfer petition and transfer proposal

  1. No transfer petition or transfer proposal filed under section 517E is of any effect if—

  2. the number of valid signatures to the transfer petition is not greater than 50% of the number of separately rateable properties served by the land drainage scheme or water race scheme; or
    1. the transfer proposal is the same or substantially similar to any proposal that has been filed with the local authority within the period of 36 months ending with the date on which the transfer petition is filed with the local authority.

      1. Where any transfer petition or transfer proposal is of no effect under subsection (1), the local authority must notify the proposer or the proposer's representative accordingly.

      2. Subject to subsection (1), where the local authority ascertains that a transfer proposal filed under section 517E does not deal adequately with the matters set out in section 517I, the local authority must return that transfer proposal to the proposer together with a written statement indicating the matters that, in the local authority's opinion, have not been adequately dealt with in the proposal.

      3. The return of the transfer proposal to the proposer under subsection (3) does not in any way preclude the proposer from once again filing a transfer petition under section 517E and subsection (1)(b) has effect, in relation to the transfer proposal that accompanies any such transfer petition, as if the transfer proposal returned under subsection (3) had never been filed.

      Notes
      • Section 517F: inserted, on , by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).