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Local Government Act 1974

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

517R: Obligation of local authority to effect transfer

You could also call this:

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

Illustration for Local Government Act 1974

When a transfer proposal becomes a transfer plan under section 517Q, you need to know what happens next. The local authority that is in charge of the land drainage scheme or water race scheme must transfer it. This transfer can happen in two ways: to the people who use the scheme as tenants in common, or by direction of the scheme users to a body corporate that acts on their behalf, or to people who hold the scheme in trust for the scheme users.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421570.

Topics:
Government and voting > Local councilsHousing and property > Land use
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Part 29ADivestment of land drainage schemes and water race schemes
Transfer petitions and transfer proposals

517RObligation of local authority to effect transfer

  1. Where a transfer proposal becomes a transfer plan under section 517Q, the local authority in whom the land drainage scheme or water race scheme is vested, must transfer the land drainage scheme or water race scheme—

  2. to the scheme users of the land drainage scheme or water race scheme as tenants in common; or
    1. by direction of the scheme users of the land drainage scheme or water race scheme,—
      1. to any body corporate comprised of or acting on behalf of all the scheme users; or
        1. where the scheme users of the land drainage scheme or water race scheme have appointed any persons to hold the scheme in trust on behalf of the scheme users, to those persons as joint tenants.

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