Plain language law

New Zealand law explained for everyone

Local Government Act 1974

Special orders

Schedule 14: Provisions as to constructing or maintaining waterworks, drainage works, trade wastes systems, and drainage channels, and laying gas pipes or electricity cables, and erecting poles on roads and works not under the control of the council

You could also call this:

"Rules for building or fixing roads, water, and power systems on roads not controlled by the council"

Illustration for Local Government Act 1974

If you want to build or fix waterworks, drainage, or gas and electricity systems on a road not controlled by the council, you must give the people in charge of the road at least one month's notice in writing. You need to tell them what you plan to do. You are doing this work for the council. The people in charge of the road might object to your plans.

If the people in charge of the road object, the matter will be taken to the District Court, and their decision will be final. The council can fix urgent problems on the road without notice, but they must tell the people in charge of the road as soon as possible. There are rules about how the council can work on roads and other systems.

The council must follow these rules when working on public works, like government roads, but they also need to follow section 241 of the Local Government Act 1974, which you can find by following the link to section 241. This means the council has to consider other rules when working on certain projects. You can find more information about these rules in the Local Government Act 1974.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM425747.

Topics:
Government and voting > Local councilsHousing and property > Land use
Previous

Schedule 13: Conditions of fixing levels of roads, or

"How councils decide the height of roads and listen to your concerns"

Next

Schedule 15: Conditions as to use of buildings for public meetings, and for other purposes, or

"Rules for using buildings for public meetings and other events"

14Provisions as to constructing or maintaining waterworks, drainage works, trade wastes systems, and drainage channels, and laying gas pipes or electricity cables, and erecting poles on roads and works not under the control of the council Empowered by ss 379, 380, 402, 426, 433, 445, 454, 477, 501B, 516, 522(1)(c), (d)

1

Before interfering with any road or other work that is not under the control of the council for the purposes of constructing or maintaining waterworks or drainage works or trade wastes systems or drainage channels, or laying gas pipes, or electricity cables, or erecting poles, the council shall give not less than 1 month's notice in writing to the local authority or body having control of the road or work.

    Notes
    • Schedule 14 clause 1: amended, on , by section 53(c) of the Local Government Amendment Act 1980 (1980 No 82).

    2

    If that local authority or body objects to the interference, the matter shall be referred to the District Court, and the decision of the court shall be final.

      Notes
      • Schedule 14 clause 2: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).

      3

      The council may at any time interfere with the road or work, so far as may be necessary to effect all necessary repairs in the waterworks or drainage works or trade wastes systems or drainage channels or gas pipes or electricity cables or poles, on giving to that local authority or body not less than 3 days' previous notice in writing of its intention to do so.

        Notes
        • Schedule 14 clause 3: amended, on , by section 53(d) of the Local Government Amendment Act 1980 (1980 No 82).

        4

        In any sudden emergency or danger to the waterworks or drainage works or trade wastes systems or drainage channels or gas pipes or electricity cables or poles or property adjoining, the council may, without any previous notice, proceed to effect the necessary repairs, but shall as soon as practicable thereafter inform the local authority or body.

          Notes
          • Schedule 14 clause 4: amended, on , by section 53(e) of the Local Government Amendment Act 1980 (1980 No 82).

          5

          The provisions of this schedule shall, in relation to any public work that is a government work to which section 241 applies, be read subject to that section.