Local Government Act 1974

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

517M: Contents of notice of right to object

You could also call this:

"What to expect in a notice about objecting to a transfer proposal"

Illustration for Local Government Act 1974

When a local authority gets a transfer petition and proposal, they must give you notice. This notice tells you they have received the petition and proposal under section 517L and section 517E. It also tells you about the proposer's obligations under section 517J and how to contact them.

The notice invites you to object to the transfer proposal if you are allowed to under section 517K. You must lodge your written objections at the local authority's office within six weeks of the notice date. The local authority will forward all objections to the Commission to decide under section 517T.

If certain people or groups object, like a local authority under section 517K(c) or the operator of another drainage system, the local authority will also forward objections from scheme users. This happens even if the scheme users are fewer than 5% of the properties served by the scheme.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421560.


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517L: Notice of right to object, or

"Telling you about your right to disagree with a proposal that affects your water or drainage system"


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517N: Lodging of objections, or

"How to write and lodge an objection to a transfer proposal in writing"

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

517MContents of notice of right to object

  1. Every notice given under section 517L must—

  2. give notice of the local authority's receipt of the transfer petition and transfer proposal under section 517E; and
    1. give notice of the obligations of the proposer under section 517J, and of the address at which the proposer or a representative of the proposer can be contacted; and
      1. invite any person (being a person entitled under section 517K to object to the transfer proposal) who wishes to object to the transfer proposal to lodge written objections to the proposed transfer of the land drainage scheme or water race scheme identified in the notice or the transfer proposal prepared in respect of any such scheme, at the principal office of the local authority that has control of that land drainage scheme or water race scheme, on or before a date specified in the notice, which date must be no earlier than 6 weeks after the date of that notice; and
        1. advise that, where objections are received from—all the objections received by the local authority will be forwarded to the Commission for determination in accordance with section 517T:
          1. a local authority entitled under section 517K(c) to object to the transfer proposal; or
            1. the operator of any other drainage system or water supply system that utilises the scheme; or
              1. scheme users who are occupiers of not less than 5% of the number of separately rateable properties served by the land drainage scheme or water race scheme,—
              2. advise that, where a local authority receives an objection under paragraph (d)(i) or paragraph (d)(ii), any objections received by the local authority under paragraph (d)(iii) will also be forwarded to the Commission, notwithstanding that those objections are from scheme users who are occupiers of less than 5% of the number of separately rateable properties served by the land drainage scheme or water race scheme.
                Notes
                • Section 517M: inserted, on , by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).