Local Government Act 1974

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

517ZC: Rights of entry

You could also call this:

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

Illustration for Local Government Act 1974

If you own a land drainage or water race scheme, you can enter someone else's land to get to your scheme. You can do what you need to do to operate, inspect, maintain, or repair your scheme. You must be the scheme owner or someone the owner has authorised in writing to enter the land. You need to give reasonable notice before entering the land and can only enter at reasonable times. When you enter the land, you must carry proof that you are allowed to be there and show it if asked.

If there is a danger to life or property, you can enter the land without notice. In this case, you must give notice as soon as you can, either before or after you enter the land. When you are on the land, you must try not to disturb the animals or damage the property that is not yours.

If you damage something while you are on the land, the scheme owner is responsible for fixing it or paying for the damage. You can find more information about this by looking at the Local Government Amendment Act (No 5) 1999 and s 12(1), (3).

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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=DLM421596.

Topics:

Housing and property > Land useGovernment and voting > Local councils

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

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

517ZD: Registration of rights, or

"Recording rights to use someone's land for drainage or water schemes"

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

517ZCRights of entry

Subject to subsections (2) to (6), any scheme owner may enter upon land (including land owned by the Crown) for the purpose of gaining access to any land drainage scheme or water race scheme owned by the scheme owner and may perform any act or operation necessary for the purpose of operating, inspecting, maintaining, or repairing any such scheme.
Subject to subsection (3), the power to enter upon land given by subsection (1) is subject to the following conditions:
entry to the land may only be made by the scheme owner or any other person authorised by the scheme owner in writing, either specifically or as a member of a class so authorised by the scheme owner:
reasonable notice of the intention to enter must be given:
entry may be made only at reasonable times:
the person entering must carry evidence of his or her authority and must produce such evidence on initial entry or if required to do so.

Nothing in subsection (2) applies where the entry is necessary in circumstances of probable danger to life or property.
In any situation to which subsection (3) applies, notice of the entry must be given as soon as is practicable, whether before or after the entry is made.
A person who enters upon any land in the exercise of the power given by subsection (1) must take all reasonable steps—
to avoid or minimise the disturbance of any stock or poultry on the land; and
to avoid or minimise any damage to or destruction of any fences, buildings, trees, or other property of any kind, other than property belonging to the scheme owner.

The scheme owner is liable to repair, or pay compensation for, any damage or loss suffered by any person as a result of any exercise of the power of entry given by subsection (1).

Compare

1987 No 116 s 12(1), (3)

Notes

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