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Local Government Act 1974

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

517Q: Procedure where transfer proposal not required to be forwarded to Commission

You could also call this:

"What happens if a transfer proposal doesn't need to be sent to the Commission for approval"

Illustration for Local Government Act 1974

If you make a transfer proposal, the local authority checks it under section 517P. They also check section 517S to see if they need to send it to the Commission. If they do not need to send it, the proposal becomes a transfer plan.

You need to know that the local authority must make the transfer plan happen as soon as they can. This happens after they decide they do not need to send it to the Commission. The transfer plan starts from the date the local authority made their decision under section 517P.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421568.

Topics:
Government and voting > Local councilsHousing and property > Land use
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517P: Notification by local authority of receipt of objections, or

"Telling people about objections to a proposal"

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517R: Obligation of local authority to effect transfer, or

"Council must hand over control of land drainage or water race schemes to users or trustees."

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

517QProcedure where transfer proposal not required to be forwarded to Commission

  1. Where the local authority finds, under section 517P, that it is not required by section 517S to forward to the Commission the transfer proposal and every objection received by the local authority, the transfer proposal becomes, as from the date of the local authority's finding under section 517P(a), a transfer plan and the local authority must, as soon as practicable, give effect to that transfer plan.

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