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Public Works Act 1981

Irrigation

215: Determination of irrigable area

You could also call this:

“Deciding how much of your farm can get water from irrigation”

When you own land in an irrigation district, the Minister decides how much of your land can be irrigated. They can change this decision later if needed. The amount of land that can be irrigated is measured in hectares, and can include parts of a hectare to one decimal place.

To decide how much of your land can be irrigated, the Minister looks at what type of land you have, how well the water supply works can get water to your land, and if there’s enough water for all the land in the irrigation district that could possibly be irrigated.

If you want to tell the Minister about how much of your land should be irrigated, you can write to them. They will think about what you’ve said when they make their decision.

If you’re not happy with the Minister’s decision, you and the Minister can each choose someone to look at the problem and make a decision. Usually, the decision these two people make is final.

Sometimes, the two people chosen might not agree on how much of your land can be irrigated. If this happens, they will either choose someone else to make the final decision, or ask the nearest District Court to choose someone. The decision this person makes will be final.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM48303.

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Part 19 Irrigation

215Determination of irrigable area

  1. The irrigable area of the land of any occupier in any irrigation district shall be determined by the Minister and may be so redetermined from time to time.

  2. Such irrigable area shall be expressed as the number, including any part of a whole number to 1 decimal place, of irrigable hectares.

  3. The irrigability of any area of land shall be determined after consideration of the nature of the land, the capability of the water supply works to supply water to the land, and any limitations to the capability of the water supply scheme to supply water to all the land in the irrigation district that is potentially irrigable.

  4. In determining from time to time the irrigable area of land, the Minister shall take into consideration any request made in writing by an occupier as to the irrigable area of any part of his land.

  5. Where any occupier is dissatisfied with any determination of the Minister under this section, the occupier and the Minister shall each appoint an assessor to determine the matter, and, subject to subsection (6), the decision of the assessors shall be final.

  6. Where the assessors appointed under subsection (5) are unable to agree on the irrigable area of the land of any occupier the assessors shall—

  7. appoint an adjudicator; or
    1. where they cannot agree on the appointment of an adjudicator, apply to the District Court nearest to the land concerned for the appointment of an adjudicator—
        1. and the decision of the adjudicator shall be final.

      Compare
      • 1975 No 138 s 19
      Notes
      • Section 215(1): amended, on , by section 63 of the Public Works Amendment Act 1988 (1988 No 43).
      • Section 215(4): amended, on , by section 63 of the Public Works Amendment Act 1988 (1988 No 43).
      • Section 215(5): amended, on , by section 63 of the Public Works Amendment Act 1988 (1988 No 43).