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Public Works Act 1981

Irrigation

212A: Alternative to basic and water availability charges

You could also call this:

“Minister can set different water charges for irrigation schemes”

Instead of setting a basic charge and a water availability charge, the Minister can choose to set one or more different charges. These new charges are meant to cover the costs of building, running, and maintaining the irrigation scheme. The Minister can decide how to split these costs among the people using the scheme in a way that makes sense for that specific scheme.

When the Minister sets these new charges, they need to tell you about them. They will explain how much the charges are and how they might change in the future. This information replaces some of the details you would usually get about the basic and water availability charges.

The Minister can change these charges at any time, but they have to do it in the way they said they would when they first told you about the charges.

Most of the rules that apply to the basic charge and water availability charge also apply to these new charges, with some small changes to make them fit.

When deciding on these new charges, the Minister can think about the same things they would when setting the usual charges.

The charges set this way, and any changes to them, are considered secondary legislation. This means they have to follow certain rules about how they’re published and made official.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM48194.

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Part 19 Irrigation

212AAlternative to basic and water availability charges

  1. Notwithstanding anything in this Act, the Minister may elect not to set a basic charge and a water availability charge, but instead to set 1 or more charges in substitution therefor to recover from the occupiers in the scheme their share of capital, operation, and maintenance costs on a basis appropriate to the scheme.

  2. The amount of any charge set under this section and the basis upon which it may subsequently be varied shall be included in the notice given under section 202(1)(a) in place of the matters specified in subparagraphs (iii) to (v) and (vii) of that paragraph.

  3. Any charge set under this section may be varied by the Minister at any time upon the basis specified in the notice given under the said section 202.

  4. The provisions of this Part (except for sections 209 to 212) shall apply to any charge set under this section in the same manner, with any necessary modifications, as they apply to the basic charge and the water availability charge specified in this Part.

  5. In setting a charge in substitution for the charges payable under sections 214 and 216, the Minister may have regard to any of the matters specified in those sections.

  6. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

  7. a charge set under this section:
    1. a variation of a charge set under this section.

      Notes
      • Section 212A: inserted, on , by section 2(1) of the Public Works Amendment Act 1987 (1987 No 62).
      • Section 212A(1): amended, on , by section 62(1) of the Public Works Amendment Act 1988 (1988 No 43).
      • Section 212A(5): amended, on , by section 62(2) of the Public Works Amendment Act 1988 (1988 No 43).
      • Section 212A(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).