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Public Works Act 1981

Irrigation

221: Charge on land

You could also call this:

“The government can put a 'hold' on your land if you owe them money for water”

If you owe money to the government for water or related charges, they can put a charge on your land. This means the Minister can give a certificate to the Registrar-General of Land, who will record it against your property’s title without charging a fee. This certificate describes your land and says how much you owe.

While this certificate is registered, you can’t make changes to your property’s title (like selling or mortgaging it) without getting the Minister’s permission in writing first.

The government has special powers to recover the money you owe. They can use the Land Transfer Act 2017 or the Property Law Act 2007 to get the money, just as if they had a mortgage on your land.

When you’ve paid all the money you owe, the Minister will give the Registrar-General of Land a release of the certificate. The Registrar-General will then remove the charge from your property’s title, and they won’t charge a fee for this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM48319.

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Part 19 Irrigation

221Charge on land

  1. If at any time any money that is due and payable to the Crown in respect of any basic charge or water availability charge or of water supplied under this Part to or for the benefit of any land, whether or not such land is in an irrigation district, is unpaid, the Minister may without fee deposit with the Registrar-General of Land a certificate under his hand describing the land and specifying the amount due and unpaid in respect of it; and the Registrar-General of Land shall without fee register the certificate against the title to the land affected by it.

  2. While a certificate is so registered, no transfer, conveyance, mortgage, lease, or other instrument affecting the land or any estate or interest therein, or any part of it, shall be registered or lodged with the Registrar-General of Land without the prior written consent of the Minister.

  3. In addition to all other powers and remedies conferred on the Crown by any Act, agreement, or instrument, the Crown shall, for the recovery of the money specified in any certificate registered under subsection (1) against the title of any land, have the same powers and remedies under the Land Transfer Act 2017 or the Property Law Act 2007, as the case may be, as if the certificate were a mortgage of the land.

  4. On the payment of all money for the time being secured by any certificate registered under subsection (1), the Minister shall without fee deposit with the Registrar-General of Land a release of the certificate; and the Registrar-General of Land shall, without fee, register the release.

Compare
  • 1975 No 138 s 26
Notes
  • Section 221(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 221(1): amended, on , by section 68 of the Public Works Amendment Act 1988 (1988 No 43).
  • Section 221(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 221(3): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 221(3): amended, on , by section 364(1) of the Property Law Act 2007 (2007 No 91).
  • Section 221(4): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).