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Local Government Act 1974

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

517ZJ: Revocation of resolutions constituting drainage areas and water race areas

You could also call this:

"Changing the rules for land drainage and water race areas when schemes are transferred"

Illustration for Local Government Act 1974

When land drainage or water race schemes are transferred, some rules change. You need to know that parts of resolutions made under section 423, section 504, or section 505 are cancelled. This also affects drainage and water race areas under Part 29 and Part 25.

If a scheme is transferred, the local authority must update the boundaries of drainage or water race areas. They do this to reflect the changes made when the scheme was transferred. The local authority must make these changes to ensure the boundaries are correct.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421810.

Topics:
Government and voting > Local councilsHousing and property > Land use
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"Using land for drainage or water without needing extra permission"

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517ZK: Power of local authority to enter into contracts with scheme owners, or

"Councils can make agreements with scheme owners to plan and run drainage and water schemes."

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

517ZJRevocation of resolutions constituting drainage areas and water race areas

  1. On the transfer of any land drainage scheme or water race scheme under this Part,—

  2. that part of every resolution in force in relation to that scheme and made under section 423 or section 504 or section 505, or the corresponding provision of any former enactment relating to land drainage or water races, is deemed to be revoked; and
    1. that part of every drainage district (being a drainage district that is deemed to be a drainage area constituted under Part 29) that relates to the scheme is deemed to be excluded from that drainage area; and
      1. that part of every water race district (being a water race district that is deemed to be a water race area constituted under Part 25) that relates to that scheme is deemed to be excluded from that water race area; and
        1. that part of every irrigation district (being an irrigation district that is deemed to be a water race area constituted under Part 25) that relates to that scheme is deemed to be excluded from that water race area.

          1. A local authority must alter the boundaries of any drainage area or water race area to such extent as is necessary to reflect any revocation effected, or exclusion deemed to have been effected, by subsection (1).

          Notes
          • Section 517ZJ: inserted, on , by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
          • Section 517ZJ heading: amended, on , by section 18(1) of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
          • Section 517ZJ(1)(a): amended, on , by section 18(2) of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
          • Section 517ZJ(2): amended, on , by section 18(3) of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).