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Local Government Act 1974

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

517I: Contents of transfer proposal

You could also call this:

"What to include when proposing to transfer a land drainage or water race scheme"

Illustration for Local Government Act 1974

When you make a transfer proposal, you must include some important details. You need to identify the land drainage scheme or water race scheme that will be transferred, and provide a plan or description to show what it is. You also need to say who the scheme users are, and what they plan to do with the scheme.

You have to state whether the scheme users want to own the scheme together, or if they want to transfer it to a company or to people they trust. You must list the scheme's assets and liabilities, and say which ones will be transferred. If some assets are not used only for the scheme, you need to say how much they will cost to buy.

You must propose a way to transfer the assets and liabilities, and give a timeline for when it will happen. You also need to identify any rules or designations that apply to the land, and any resource consents, such as water permits, that are related to the scheme, including those that have become resource consents under section 386 of the Resource Management Act 1991. Additionally, you need to list any leases, easements, or other rights related to the scheme's assets or liabilities.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421552.

Topics:
Housing and property > Land useGovernment and voting > Local councils
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"Who can suggest a change and what information they must provide"

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517J: Service of transfer proposal, or

"Telling people about a plan to change who runs a service"

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

517IContents of transfer proposal

  1. The transfer proposal must—

  2. identify the land drainage scheme or water race scheme proposed to be transferred, which identification must be accompanied by a plan or other description sufficient to identify the land drainage scheme or water race scheme; and
    1. identify (by reference to the land or property which is served by the scheme and which is occupied by each scheme user) the scheme users to whom the scheme is to be transferred; and
      1. state whether it is the intention of the scheme users to whom the scheme is to be transferred—
        1. to have the scheme transferred to themselves as tenants in common; or
          1. to have the scheme transferred, by their direction, to a body corporate comprised of those scheme users or acting on their behalf; or
            1. to have the scheme transferred, by their direction, to persons appointed by them to hold the scheme in trust on their behalf; and
            2. identify the scheme assets and scheme liabilities; and
              1. identify the scheme assets and scheme liabilities proposed to be transferred with the scheme; and
                1. identify such of the assets identified in paragraph (e) as are, upon transfer of the scheme, to be purchased from the local authority (because they are not held or used by the local authority solely for the purposes of, or in relation to, the scheme to be transferred); and
                  1. identify the price proposed to be paid or the method for determining the price that should be paid for the scheme assets identified in paragraph (f); and
                    1. propose a procedure for the transfer of such of the scheme assets and scheme liabilities as are proposed to be transferred with the scheme and a timetable for their transfer; and
                      1. identify any rights conferred by designations under operative district plans applying to any land relating to the scheme; and
                        1. identify any rules or proposed rules in any regional plan or proposed regional plan relating to the scheme; and
                          1. identify any resource consents relating to the scheme, including any water permits or discharge permits that have become resource consents under section 386 of the Resource Management Act 1991; and
                            1. identify any leases, easements, permits, or rights of any kind in respect of any scheme assets or scheme liabilities.

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