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Local Government Act 1974

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

517Y: Obligation of local authority to effect transfer

You could also call this:

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

Illustration for Local Government Act 1974

When a transfer proposal becomes a transfer plan under section 517X, 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 a few ways, including to the people who use the scheme as tenants in common, or to a company that acts on behalf of the scheme users.

The local authority can also transfer the scheme to people who have been appointed to hold it in trust for the scheme users. You should look at section 517X to understand how a transfer proposal becomes a transfer plan.

The local authority has to follow the directions of the scheme users when transferring the land drainage scheme or water race scheme.

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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=DLM421585.

Topics:
Government and voting > Local councilsHousing and property > Land use
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517X: Procedure after determination, or

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

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517Z: Transfer by local authority of scheme assets and scheme liabilities, or

"When a council gives a land scheme to someone else, they also give them the scheme's belongings and responsibilities."

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

517YObligation of local authority to effect transfer

  1. Where a transfer proposal becomes a transfer plan under section 517X, 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 the scheme users; or
        1. where the scheme users of the land drainage scheme or water race scheme have appointed any person to hold the scheme in trust on behalf of the scheme users, to those persons as joint tenants.

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