Local Government Act 1974

Divestment of land drainage schemes and water race schemes - Transfer plan

517X: Procedure after determination

You could also call this:

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

Illustration for Local Government Act 1974

When the Commission decides that a land drainage scheme or water race scheme can be transferred, the transfer proposal becomes a transfer plan. You need to know that this happens on the date the Commission makes its decision. The local authority must then make the transfer plan happen as soon as possible.

If a local authority decides that a lot of people want a transfer proposal to happen, the modified transfer proposal becomes a transfer plan. This happens when 75% or more of the people who pay rates for the scheme sign a petition. The local authority must make the transfer plan happen as soon as possible after they make their decision.

The local authority has to follow the transfer plan, which is based on the Commission's decision under section 517T(2) or the local authority's decision under section 517W.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421583.


Previous

517W: Modification of support for transfer proposal, or

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


Next

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

"Council must hand over control of water schemes to users or trustees when asked."

Part 29ADivestment of land drainage schemes and water race schemes
Transfer plan

517XProcedure after determination

  1. Where the Commission determines under section 517T(2) that the transfer of the land drainage scheme or water race scheme is to proceed (and does not exercise its power, under section 517T(3) to approve the transfer proposal with modifications), the transfer proposal becomes, as from the date of the Commission's determination, a transfer plan and the local authority must, as soon as practicable, give effect to that transfer plan.

  2. Where, in relation to a transfer proposal to which section 517W applies, the local authority determines, under section 517W(3), that the number of valid signatures on the transfer petition is equal to or greater than 75% of the number of separately rateable properties served by the land drainage scheme or water race scheme, the modified transfer proposal becomes, as from the date of the local authority's determination, a transfer plan and the local authority must, as soon as practicable, give effect to the transfer plan.

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