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New Zealand law explained for everyone

Public Works Act 1981

Irrigation

214: Liability of occupier for annual charge

You could also call this:

“Yearly payments for irrigation water on your land”

If you own or use land in an irrigation district, you need to pay a yearly charge to the Minister. This charge applies for each season during a set time period. The amount you pay depends on two things: the basic charge for the district and how much of your land can be irrigated.

To work out your yearly charge, you multiply the basic charge by the amount of your land that can be irrigated. The basic charge is set using rules from other parts of the law, and it might change sometimes.

You have to pay this charge at the end of each irrigation season. If you don’t pay, the government can make you pay because it’s a debt you owe to the Crown.

There are a couple of exceptions to this rule. You might not have to pay the full amount right away if you’re still developing your land. Also, if you have a special water agreement, you might pay a different amount instead.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM48301.

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"Deciding how much of your farm can get water from irrigation"

Part 19 Irrigation

214Liability of occupier for annual charge

  1. Except where a water availability agreement referred to in section 216 is entered into and the annual charge payable under that agreement is greater than the annual basic charge payable in respect of any land, every occupier of land in an irrigation district shall (subject to any deferments of charges for the development period as provided for in section 202 and the recovery of the deferred charges by approximately equal amounts) pay to the Minister an annual charge for each of the seasons in the period specified in the notice under section 202(1)(a)(vi).

  2. The annual charge referred to in subsection (1) as the liability of an occupier shall be an amount calculated in accordance with the following formula:

    b × h

    Where:

      where—
    • is the basic charge calculated in accordance with section 209 and adjusted, if required, in accordance with section 210; and
      1. is the irrigable area of the land of the occupier in the irrigation district as determined in accordance with section 215.

        1. The annual charge referred to in subsection (1) as the liability of an occupier shall become payable to the Minister at the end of the irrigation season to which it relates, and shall be recoverable as a debt due to the Crown.

        Compare
        • 1975 No 138 s 18