Local Government Act 1974

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

517W: Modification of support for transfer proposal

You could also call this:

"Changing your mind about a transfer proposal after it's been altered"

Illustration for Local Government Act 1974

If a transfer proposal is approved with changes by the Local Government Commission under section 517T(3), this section applies. When a local authority gets a copy of the Commission's decision under section 517V(1), it must send a notice to every scheme user. The notice tells you that the Commission has changed the transfer proposal and explains what the Commission and the local authority must do.

The notice also tells you that if you signed the transfer petition under section 517G, you can ask to have your name removed from the petition. You can do this by sending a written application to the local authority before a certain date, which is between 4 and 6 weeks after the notice is sent. If you were allowed to sign the petition but did not, you can also ask to have your support for the petition recorded.

The local authority must then check if there are still enough valid signatures on the petition. It does this by removing any signatures that people asked to be deleted and adding any new supports that were recorded. If there are not enough valid signatures, the local authority must tell every scheme user that the transfer proposal will not go ahead.

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This page was last updated on 10 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421580.

Topics:

Government and voting > Local councilsHousing and property > Land use

517V: Notice of Commission's determination, or

"The Commission tells you about their decision and why they made it."

517X: Procedure after determination, or

"What happens after a decision is made to transfer a land drainage or water race scheme"

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

517WModification of support for transfer proposal

This section applies to any transfer proposal approved with modifications by the Commission under section 517T(3).
Where a local authority receives under section 517V(1) a copy of a determination by which a transfer proposal is approved with modifications by the Commission, the local authority must forward to every scheme user a notice which—
gives notice that the Local Government Commission has modified the transfer proposal; and
states the Commission's obligations under paragraphs (b) and (c) of section 517V(1) and the local authority's obligations under section 517V(2); and
states that any scheme user who signed the transfer petition under section 517G in respect of the transfer proposal may, by written application received by the local authority before a date specified in the notice, being a date not less than 4 weeks nor more than 6 weeks after the date of the notice, have the scheme user's signature deleted from the petition; and
states that any scheme user who was entitled under section 517G to sign the transfer petition in respect of the transfer proposal but did not sign that petition may, by written application received by the local authority before the date specified under paragraph (c), have the scheme user's support for the petition recorded; and
states the local authority's obligations under subsection (3).

Within 7 days after the date specified under subsection (2)(c), the local authority must determine whether—
after deleting any signature that is the subject of an application under subsection (2)(c); and
after counting, as if it were a signature to the petition, any support for the petition recorded in accordance with an application under subsection (2)(d),—

Where the local authority determines under subsection (3) that the number of valid signatures on the transfer petition is not equal to or greater than 75% of the number of separately rateable properties served by the land drainage scheme or water race scheme, the local authority must notify every scheme user that the number of valid signatures on the transfer petition is insufficient and that the transfer proposal is not to proceed.

Notes

Section 517W: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).