Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Irrigation

216: Water availability agreements

You could also call this:

“Rules for getting water for your farm from the government”

You can get water for irrigation from the government if you have land in an irrigation district. The Minister decides how much water you can have and what rules you need to follow. This is called a water allocation.

The Minister will look at your plans for using water on your land before deciding how much to give you. You can tell the Minister how much water you want.

You can make an agreement with the Minister to get water. This is called a water availability agreement. You might have to pay for this water each year, but sometimes you don’t have to pay if the amount is small.

If you want to change how much water you get, or if you don’t want the water anymore, you can ask the Minister. The Minister might say yes if it means the water will be used better. But they will make sure it doesn’t cause problems for the irrigation district’s money.

The Minister can change your agreement if they agree to give you more or less water. They can also make new agreements with other people who want water.

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 It might be out of date or be missing some parts.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=DLM48305.

Previous

215: Determination of irrigable area, or

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

Next

217: Supply of water, or

"Water supply rules for irrigation districts"

Part 19 Irrigation

216Water availability agreements

  1. The Minister may allocate water, to be supplied from the water supply works for any irrigation district, to the occupier of any land in the district, and may determine the conditions under which such water shall be so supplied. Each allocation shall be expressed as a number of unit quantities or unit rates of supply.

  2. Each such allocation to an occupier shall be compatible with a scheme approved by the Minister for the development through irrigation of the land of the occupier and, in determining such allocation, the Minister shall take into consideration any request made in writing by the occupier as to the allocation the occupier desires.

  3. The Minister, for and on behalf of the Crown, may enter into a water availability agreement with the occupier of any land in the irrigation district. Every such agreement shall be in accordance with any allocations and conditions the Minister has determined under subsections (1) and (10).

  4. Every occupier of land in respect of which a water availability agreement is entered into with the Minister shall, subject to the provisions of subsection (7) and subject to any deferments of charges for the development period as provided for in section 202 and the recovery of the deferred charges, pay to the Minister an annual water availability charge for each of the seasons in the period specified in the notice under section 202(1)(a)(vi).

  5. The annual water availability charge referred to in subsection (4) as the liability of an occupier shall be an amount calculated in accordance with the following formula:

    a × w

    Where:

      where—
    • is the water availability charge calculated in accordance with section 211 and adjusted, if required, in accordance with section 212; and
      1. is the number of unit quantities or unit rates of supply allocated to that occupier in accordance with subsection (1).

        1. Every annual water availability charge referred to in subsection (4) as the liability of an occupier shall, unless that occupier is exempt from payment of it under subsection (7), 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.

        2. For an irrigation season in which the amount payable under a water availability agreement is equal to or less than the annual basic charge, the occupier shall be exempt from payment of the annual water availability charge.

        3. The holder of a water availability agreement may at any time apply to the Minister for a variation in the number of unit quantities or unit rates of supply allocated to the holder, or for the cancellation of the holder's allocation.

        4. On receiving such an application, the Minister may grant the application in whole or in part by varying or cancelling the applicant's allocation, as the case may be, if—

        5. the Minister is satisfied that to do so is likely to result in more beneficial use of the available water; and
          1. in the case of an application for a reduction or cancellation, the Minister is satisfied that as a result of—to do so will not adversely affect the revenue of the irrigation district.
            1. the increase of 1 or more other allocations with the consent of the recipients; or
              1. the granting of 1 or more new allocations with the consent of the recipients; or
                1. the availability of surplus water for supply in accordance with section 217(3)—

                2. If the Minister so varies or cancels an allocation the Minister shall accordingly vary or cancel the water availability agreement of the applicant, and vary or make new water availability agreements in accordance with the increased or new allocations.

                Notes
                • Section 216: substituted, on , by section 64 of the Public Works Amendment Act 1988 (1988 No 43).