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Public Works Act 1981

Irrigation

208A: Reduction in size and abolition of irrigation district

You could also call this:

“Changing or removing an area that gets special water for farming”

You can change or remove an irrigation district. The Governor-General can do this by making an order. They can completely remove an irrigation district or make it smaller. If they remove an irrigation district, the rules for irrigation districts no longer apply to that area. If they make an irrigation district smaller, the rules stop applying to the area that is no longer part of the district.

If an irrigation district is made smaller, the charges for water won’t go up just because of this change. If you own or use land that is no longer part of an irrigation district because of these changes, you can ask for money back. You can get back the money you spent getting ready for irrigation if those things are no longer useful to you. You can also ask for payment if your land is worth less now because of the change.

If you want to ask for this money, you need to follow the same steps as if you were asking for compensation for your land. The government will look at your request in the same way they look at other compensation claims.

When the Governor-General makes an order to change or remove an irrigation district, it becomes a type of law called secondary legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM48183.

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208: Constitution of district, etc, or

"Creating and changing irrigation districts through voting and official orders"

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209: Basic charge, or

"The Governor-General sets the price for irrigated land"

Part 19 Irrigation

208AReduction in size and abolition of irrigation district

  1. Notwithstanding anything in this Part, the Governor-General may, on the advice of the Minister, by Order in Council—

  2. abolish any irrigation district by revoking the Order in Council which constituted the district and any amending Order in Council made under section 208(2):
    1. reduce the size of an irrigation district by amending the Order in Council constituting the district, and any amending Order in Council made under section 208(2), to redefine the district or exclude any land from the district.

      1. Subject to subsection (4), on the abolition of an irrigation district or the reduction in size of an irrigation district under subsection (1), the provisions of this Part shall cease to apply in respect of the abolished district or in respect of the land no longer forming part of the district, as the case may be.

      2. If any Order in Council is made under subsection (1)(b), the basic charge and the water availability charge shall not be increased by virtue of that fact, and any subsequent adjustment of either of those charges under section 210 or section 212 shall be calculated as if the Order in Council had not been made.

      3. The owner and occupier of any land which formed part of an irrigation district, and which is no longer within the district by virtue of an Order in Council made under this section, shall be entitled to claim—

      4. reimbursement from the Minister for all costs and expenses actually and reasonably incurred by the owner and occupier in anticipation of the land being irrigated, to the extent that the costs and expenses are no longer of any value to the owner and occupier; and
        1. notwithstanding the provisions of section 60, full compensation from the Minister under Part 5 in respect of injurious affection of the land.

          1. Every claim for such reimbursement shall be made, determined, and paid in accordance with Part 5 as if it were a claim for compensation; and the provisions of that Part, so far as they are applicable and with the necessary modifications, shall apply accordingly.

          2. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Notes
          • Section 208A: inserted, on , by section 10 of the Public Works Amendment Act 1983 (1983 No 150).
          • Section 208A(1): amended, on , by section 59 of the Public Works Amendment Act 1988 (1988 No 43).
          • Section 208A(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).