Local Government Act 1974

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

517ZG: Transfer of land

You could also call this:

"Rules for councils when giving away or selling land for special water projects"

Illustration for Local Government Act 1974

When a local authority transfers land or an interest in land under this Part, some rules from the Public Works Act 1981 do not apply. This is as long as the land is used for a land drainage scheme or water race scheme. If the land is no longer needed for these purposes, the rules from the Public Works Act 1981 will apply, and the local authority is considered the owner of the land. The Registrar-General of Land must note on every record of title that is transferred under this Part what this means. You can find more information about the Public Works Act 1981 by looking at sections 40 to 42 of that Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421804.


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517ZF: Transfer of water permits, or

"When a local council sells a water scheme, the rules for using the water are passed on to the new owner."


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517ZH: Section 11 and Part 10 of Resource Management Act 1991 and Part 21 of this Act not to apply, or

"Some land rules don't apply when transferring land under this Act."

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

517ZGTransfer of land

  1. Nothing in sections 40 to 42 of the Public Works Act 1981 applies to the transfer by the local authority of any land or interest in land under this Part so long as the land or interest in land continues to be used for the purposes of a land drainage scheme or water race scheme, but, if all or any part of the land or interest in land is no longer required for such purposes, sections 40 and 41 of that Act apply to the land or interest no longer so required as if the owner of the land or interest were the local authority and the land or interest had not been transferred under this Part.

  2. The Registrar-General of Land must endorse on every record of title transferred to any person or group of persons under this Part, the effect of subsection (1).

Compare
Notes
  • Section 517ZG: inserted, on , by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
  • Section 517ZG(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).