Plain language law

New Zealand law explained for everyone

Local Government Act 1974

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

517ZM: Power of territorial authority to reconstitute land drainage or water race areas

You could also call this:

"Councils can change land drainage or water race areas if owners agree"

Illustration for Local Government Act 1974

If you live in an area with a land drainage scheme or water race scheme, you might be interested in how the local council can change things. The council can make changes if most of the people who own properties in the area agree, and the owner of the scheme also agrees. The council can decide to make the whole area, or just a part of it, a special drainage area or water race area. This means the council will be in charge of making sure the area drains properly or has a good water supply.

When the council makes this decision, some other rules will apply, like those found in Part 29 for drainage areas or Part 25 for water race areas. If the council makes this decision, it will own the drainage channels and any land drainage works, or the water races, in the area. This means the council will be responsible for taking care of them.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421819.

Topics:
Government and voting > Local councilsHousing and property > Land use
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Part 29ADivestment of land drainage schemes and water race schemes
Implementation of transfer plan

517ZMPower of territorial authority to reconstitute land drainage or water race areas

  1. A territorial authority may, upon receipt of a petition signed by the occupiers of a majority of the separately rateable properties served by a land drainage scheme or water race scheme, and with the agreement of the scheme owner, declare the whole or any defined part of the district in which the land drainage scheme or water race scheme is situated to be constituted—

  2. a drainage area for the purpose of land drainage works for the drainage of land in the area; or
    1. a water race area for the purpose of the construction and maintenance therein of water races and the supply of water therefrom.

      1. Part 29 applies to any drainage area constituted under subsection (1).

      2. Part 25 applies to any water race area constituted under subsection (1).

      3. Upon a drainage area or water race area being constituted under subsection (1),—

      4. the drainage channels and land drainage works relating to the land drainage scheme vest in the territorial authority; and
        1. the water races relating to the water race scheme vest in the territorial authority.

          Notes
          • Section 517ZM: inserted, on , by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).
          • Section 517ZM(1): amended, on , by section 19 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).