Local Government Act 1974

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

517ZD: Registration of rights

You could also call this:

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

Illustration for Local Government Act 1974

When a land drainage scheme or water race scheme is transferred, the local authority must give the scheme owner a certificate. This certificate says what rights of entry onto land apply to the land specified in the certificate, as mentioned in section 517ZC(1). You must lodge this certificate with the Registrar-General of Land.

The Registrar-General of Land must then register the certificate. If the land is not subject to the Land Transfer Act 2017, they make an entry in the index book of the Deeds Register Office. If the land is subject to the Land Transfer Act 2017, they register the particulars against the title to the land.

If the land is not subject to the Land Transfer Act 2017 and dealings with the land are not registrable under the Deeds Registration Act 1908, you must lodge a copy of the certificate with the Chief Surveyor. The Chief Surveyor notes the existence of the certificate on plans and records of the land district.

You cannot take action against the Crown or anyone else if a registered certificate does not show the true position of a land drainage scheme or water race scheme. Any certificate registered under this section is binding on the owner of the land and anyone with an interest in the land.

You can transfer any rights mentioned in a certificate to anyone who has been transferred a land drainage scheme or water race scheme, using a transfer instrument registered under the Land Transfer Act 2017. Certain parts of other laws, such as Part 5 of the Public Works Act 1981, section 708 of this Act, section 29 of the Land Drainage Act 1908, and section 10 of the Rangitaiki Land Drainage Act 1956, do not apply to these rights. This section does not affect any claims for compensation made before it came into effect.

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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=DLM421598.

Topics:

Government and voting > Local councilsHousing and property > Land use

517ZC: Rights of entry, or

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

517ZE: Transfer of existing easements, etc, or

"What happens to existing rights over land when a local authority transfers a scheme"

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

517ZDRegistration of rights

As soon as is reasonably practicable after the transfer of a land drainage scheme or water race scheme under this Part, the principal administrative officer of the local authority must furnish to the scheme owner a certificate that the rights of entry upon land referred to in section 517ZC(1) apply to land specified in the certificate.
The scheme owner must, upon receipt of the certificate, lodge it with the Registrar-General of Land, together with such plans, if any, as the Registrar-General of Land requires.
The Registrar-General of Land upon receipt of the certificate referred to in subsection (1) must,—
if the land affected or any part of it is not subject to the Land Transfer Act 2017, cause an entry of the particulars of the certificate to be made under the proper heading or title in the index book of the Deeds Register Office; or
if the land affected or any part of it is subject to the Land Transfer Act 2017, register the particulars of the certificate against the title to the land or part so subject.

If the land affected by the certificate to which this section applies or any part of it is not subject to the Land Transfer Act 2017, and dealings with the land or part not so subject are not registrable under the Deeds Registration Act 1908, the person in whose favour the right exists must lodge a true copy of the certificate and memorandum in the office of the Chief Surveyor; and the Chief Surveyor must note the existence of the certificate on plans and records of the land district.
No action lies against the Crown or any other person under subpart 3 of Part 2 of the Land Transfer Act 2017 by reason of any certificate registered under this section not indicating the true position or course of those parts of the land drainage scheme or water race scheme to which the right relates.
Notwithstanding any enactment or rule of law to the contrary, any certificate registered under this section is deemed to be binding on any registered owner of an estate in fee simple or leasehold of, or on any registered licensee of, and on every person with a prior or subsequent interest registered against, the land or any interest in the land affected by the certificate.
Without limiting the provisions of this section, any right referred to in any certificate registered by the Registrar-General of Land under this section may be transferred, by a transfer instrument to be registered under the Land Transfer Act 2017, to any person or group of persons to whom any land drainage scheme or water race scheme has been transferred.
On and after the commencement of this section, nothing in—
Part 5 of the Public Works Act 1981; or
section 708 of this Act; or
section 29 of the Land Drainage Act 1908; or
section 10 of the Rangitaiki Land Drainage Act 1956,—

Nothing in this section prejudices or affects any claim for compensation made before the commencement of this section under any of the Acts specified in subsection (8).

Compare

1990 No 52 s 4(6)(c), (7), (10)–(13)

Notes

Section 517ZD: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
Section 517ZD(2): replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 517ZD(3)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 517ZD(3)(b): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 517ZD(4): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 517ZD(5): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 517ZD(6): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 517ZD(7): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).