Local Government Act 1974

Divestment of land drainage schemes and water race schemes - Implementation of transfer plan

517ZB: Rates and charges payable for proportionate part of year in certain circumstances

You could also call this:

"Paying for part of the year's rates and charges when a scheme is transferred"

Illustration for Local Government Act 1974

If a land drainage scheme or water race scheme is transferred before a local authority sets any charge or rate for that year, you will have to pay the local authority for any money they spent on the scheme from 1 July until the transfer date. The local authority can get this money back from you as a debt. You will have to pay the local authority the amount they spent, and they will use this to cover their costs. If a scheme is transferred after a charge or rate has been set, the local authority can still collect the charge or rate, but they must pay you back the part of the charge or rate that they did not use before the transfer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421592.


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517ZA: Further provisions relating to transfer of scheme assets and scheme liabilities, or

"Rules about transferring assets and debts to a scheme owner"


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517ZC: Rights of entry, or

"Entering someone else's land to care for your water or drainage scheme"

Part 29ADivestment of land drainage schemes and water race schemes
Implementation of transfer plan

517ZBRates and charges payable for proportionate part of year in certain circumstances

  1. Where in any year a land drainage scheme or water race scheme is transferred under this Part before a local authority prescribes any charge or sets any rate for that year in respect of the scheme, any expenditure incurred by the local authority in respect of the scheme for the period beginning on 1 July in that year and ending with the transfer date of the scheme is recoverable by the local authority upon the transfer of the scheme, as a debt owing to the local authority by the scheme owner.

  2. If in any year a land drainage scheme or water race scheme is transferred under this Part, after any charge or rate in respect of the scheme has been prescribed or set for that year, the local authority may assess and collect the charge or rate, but the proportion of the charge or rate that was assessed for the purpose of the scheme and that was not expended by the local authority before the transfer of the scheme must be paid by the local authority to the scheme owner upon the transfer of the scheme.

Notes
  • Section 517ZB: inserted, on , by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
  • Section 517ZB(1): amended, on , by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).
  • Section 517ZB(2): replaced, on , by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).