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Local Government Act 1974

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

517U: Relevant criteria

You could also call this:

"What the Commission considers when deciding about a transfer proposal"

Illustration for Local Government Act 1974

When the Commission thinks about a transfer proposal under section 517T, they consider some important things. You need to think about the purposes of local government as set out in section 37K and the purposes of this Part as set out in section 517C. They also think about how the transfer would affect other drainage or water supply systems.

The Commission thinks about whether the transfer would be unfair to some scheme users. You have to consider whether the transfer would affect the jobs and responsibilities of local authorities under the Local Government Act 1974, the Resource Management Act 1991, the Soil Conservation and Rivers Control Act 1941, or other laws. They consider all these things when thinking about a transfer proposal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421576.

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

517URelevant criteria

  1. Where the Commission considers any transfer proposal under section 517T, the relevant criteria, in relation to any such consideration, are—

  2. the purposes of local government as set out in section 37K; and
    1. the purposes of this Part as set out in section 517C; and
      1. the extent to which the transfer of the scheme would impact upon, or be prejudicial to, the operation of any other drainage system or water supply system that utilises the scheme; and
        1. the extent to which the transfer of the scheme would be oppressive, unfairly discriminatory, or unfairly prejudicial to any scheme user or particular scheme users; and
          1. the extent to which the transfer of the scheme would impact upon the functions, powers, and duties of any local authority under the Local Government Act 1974, the Resource Management Act 1991, the Soil Conservation and Rivers Control Act 1941, or any other Act.

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