Irrigation Schemes Act 1990

1: Short Title
This Act may be cited as the Irrigation Schemes Act 1990.
1: Disposal of irrigation schemes
2: Interpretation
In this Part, unless the context otherwise requires,— Chief Surveyor irrigation scheme scheme responsible Minister Part 19
a: pipelines, canals, water races, dams, weirs, and other facilities used or intended to be used for or in connection with any such works:
b: any right to enter, use, occupy, carry out work on, or store water on, any land, or to the support of any land for any dam, pursuant to section 223
c: any mining privilege, or right to dam any river or stream or to divert, take, use, or discharge water, for the purposes of any such works:
d: any use of land permitted under a district scheme under the Town and Country Planning Act 1977
e: any agreement for the supply of water for the purposes of any such works mining privilege section 2 of the Water and Soil Conservation Amendment Act 1971 Minister responsible Minister Section 2 District Land Registrar repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 2 irrigation scheme scheme amended 1 July 1995 section 6(3) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 Section 2 Minister amended 1 July 1995 section 6(3) Ministry of Agriculture and Fisheries (Restructuring) Act 1995
3: Disposal of irrigation schemes
1: Notwithstanding the provisions of any other Act, the responsible Minister
2: As soon as practicable after the responsible Minister responsible Minister Gazette Section 3(1) amended 1 July 1995 section 6(3) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 Section 3(2) amended 1 July 1995 section 6(3) Ministry of Agriculture and Fisheries (Restructuring) Act 1995
4: Certain rights to continue
1: Where an irrigation scheme is sold or otherwise disposed of by the Crown pursuant to this Part, and the Minister had the right, immediately before the date of sale or other disposal, to enter, use, occupy, carry out work on, or store water on or convey water over, any land, or to the support of any land for any dam, pursuant to section 223
2: Where—
a: any land (including any land owned by the Crown) has been entered upon, used, or occupied, or had work carried out on it, or is being used to store water or convey water over, or support any dam, for the purposes of an irrigation scheme; and
b: there is not in existence any easement, agreement, or right relating thereto or there is insufficient documentary evidence to establish whether or not such an easement, agreement, or right exists— it shall be presumed, for the purposes of this section, that the powers conferred by section 223
3: Every person in whose favour a right continues pursuant to subsection (1) or subsection (2) shall make every reasonable endeavour to negotiate in good faith with the owner of the land to which the right relates to reach an agreement for the acquisition, without payment of compensation, of a registrable similar right.
4: Where any person to whom an irrigation scheme has been sold or otherwise disposed of is unable to obtain by negotiation any right to which subsection (1) or subsection (2) applies within 2 years after the date of such sale or other disposition, the Minister shall, by notice registered or lodged in accordance with this section, indicate the existence of the right.
5: Every instrument or document evidencing an agreement made pursuant to subsection (3) shall be signed by the parties to the agreement, and every notice under subsection (4) shall be signed by the Minister.
6: Every such instrument, document, or notice shall—
a: specify the parcel of land affected; and
b: have endorsed on it, or refer to, a diagram or plan showing the position or course of those parts of the irrigation scheme to which the right relates: provided that where it is not practicable to show the true position or course, the position or course shall be indicated as nearly as possible, and, until the contrary is proved, the position or course so indicated shall be deemed to be the true position or course; and
c: subject to subsection (7), be lodged by the person in whose favour the right continues or the Minister, as the case may require, in the office of the Registrar-General of Land
i: if the land affected or any part of it is not subject to the Land Transfer Act 2017
ii: if the land affected or any part of it is subject to the Land Transfer Act 2017
7: If the land affected by any instrument, document, or notice to which this section applies or any part of it is not subject to the Land Transfer Act 2017 Deeds Registration Act 1908
8: Where any instrument, document, or notice to which this section applies has endorsed on it or refers to a diagram or plan to which the proviso to subsection (6)﻿(b) applies and it is subsequently shown by a plan deposited by the Registrar-General of Land Registrar-General of Land
9: Every right continued in force pursuant to subsection (1) or subsection (2) shall expire on the expiry of a period of 5 years commencing on the date of commencement of this Act unless, before the expiry of that period, an instrument, document, or notice relating to the right has been lodged in the office of the Registrar-General of Land
10: No action shall lie against the Crown or any other person under subpart 3 of Part 2
11: Notwithstanding any enactment or rule of law to the contrary, any instrument, document, or notice registered under this section shall be deemed to be binding on any registered owner
12: Without limiting the provisions of this section, any right referred to in any instrument, document, or notice registered by the Registrar-General of Land transfer instrument Land Transfer Act 2017
13: On and after the commencement of this section, nothing in Part 5 provided that nothing in this section shall prejudice or affect any claim for compensation under the said Part 5 Section 4(6)﻿(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(6)﻿(c)﻿(i) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(6)﻿(c)﻿(ii) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(8) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(9) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(10) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(11) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(12) amended 12 November 2018 section 250 Land Transfer Act 2017
5: Transfer of easements, etc
1: Where an irrigation scheme is sold or otherwise disposed of by the Crown pursuant to this Part, the benefit of any existing easement, agreement, or right over or in respect of land relating to head works, structures, pumps, pipelines, canals, water races, or other facilities or relating to the support of any dam and the storage of water, and relating to access associated with such uses, for the purposes of the scheme, shall be deemed to be transferred to the person to whom the scheme is sold or otherwise disposed of, notwithstanding that the easement, agreement, or right may not have been registered.
2: In respect of any land to which subsection (1) applies, the Minister shall, at the request of the purchaser of the irrigation scheme, by notice registered in accordance with this section against the title of the land, indicate the existence of the relevant easement, agreement, or right and the fact that it has been transferred to a specified purchaser pursuant to subsection (1)
3: Every such notice shall—
a: be signed by the Minister; and
b: specify the parcel of land affected; and
c: have endorsed on the notice, or refer to, a diagram or plan showing the position or course of the head works, structure, pump, pipeline, canal, water race, other facility, or dam to which the easement, agreement, or right relates: provided that where it is not practicable to show the true position or course, the position or course shall be indicated as nearly as possible, and, until the contrary is proved, the position or course so indicated shall be deemed to be the true position or course; and
d: be lodged by the Minister in the office of the Registrar-General of Land
4: Where any such notice has endorsed on it or refers to a diagram or plan to which the proviso to subsection (3)﻿(b) applies and it is subsequently shown by a plan deposited by the Registrar-General of Land Registrar-General of Land
5: No action shall lie against the Crown under subpart 3 of Part 2
6: Notwithstanding any enactment or rule of law to the contrary, any notice registered under this section shall be deemed to be binding on any registered owner
7: Any easement, agreement, or right referred to in any notice registered under this section may be transferred, by a transfer instrument Land Transfer Act 2017 Section 5(3)﻿(d) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(6) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(7) amended 12 November 2018 section 250 Land Transfer Act 2017
6: Transfer of mining privileges
1: Where an irrigation scheme is sold or otherwise disposed of by the Crown pursuant to this Part, any mining privilege held by the Crown in relation to the scheme shall be deemed to be transferred to the person to whom the scheme is sold or otherwise disposed of.
2: Except as otherwise provided in section 413(3)
3: Every mining privilege to which this section applies shall be subject to the provisions of any other enactment relating to it. Section 6(2) amended 1 October 1991 section 362 Resource Management Act 1991
7: Transfer of water rights
1: Where an irrigation scheme is sold or otherwise disposed of by the Crown pursuant to this Part, any existing right held by the Crown to dam any river or stream or to divert, take, use, or discharge water for the purposes of the scheme shall be deemed to be transferred to the person to whom the scheme is sold or otherwise disposed of.
2: Every right so transferred shall continue to be subject to the same terms and conditions to which it was subject immediately before the date of transfer.
3: Except as otherwise provided in section 386(2)
4: Nothing in subsection (3) shall prevent any such transferred right from being renewed.
5: Every right to which this section applies shall be subject to the provisions of any other enactment relating to it. Section 7(3) amended 1 October 1991 section 362 Resource Management Act 1991
8: Transfer of Crown assets and liabilities
1: Notwithstanding any Act, rule of law, or agreement, where an irrigation scheme is sold or otherwise disposed of by the Crown pursuant to this Part, the Minister may, on behalf of the Crown,—
a: transfer to the person to whom the scheme is sold or otherwise disposed of assets and liabilities of the Crown relating to the scheme:
b: vest in that person any rights conferred by designations under operative district schemes applying to any land transferred to that person for the purposes of the scheme:
c: grant to that person leases, licences, easements, permits, or rights of any kind in respect of any assets or liabilities of the Crown relating to the scheme— for such consideration, and on such terms and conditions, as the Minister may agree with that person.
2: Assets that are fixed to, or are under or over, any land may be transferred to a person pursuant to this Part, whether or not any interest in the land is also transferred. Where any such asset is so transferred, the asset and the land shall be regarded as separate assets each capable of separate ownership.
3: Any asset or liability of the Crown may be transferred to a person pursuant to this Part whether or not any Act or agreement relating to the asset or liability permits such transfer or requires any consent to such a transfer.
4: Where a transfer takes place pursuant to this section and the transfer is registrable, the person responsible for keeping the register shall register the transfer forthwith after written notice of the transfer is received by him or her from any person authorised for that purpose by the Minister.
5: In this section— assets section 29(1) liabilities section 29(1)
9: Provisions relating to transfer of land
1: Notwithstanding any Act or rule of law, where an irrigation scheme is sold or otherwise disposed of by the Crown pursuant to this Part, the Minister may, subject to Part 4A
2: Crown land within the meaning of the Land Act 1948 Land Transfer Act 2017
a: be identified by an adequate legal description, or on plans lodged in the office of the Chief Surveyor for the land district in which the land is situated (being plans certified as correct for the purposes of this section by that Chief Surveyor); and
b: be approved by the Governor-General in Council and vest in the transferee pursuant to and on a date specified in an Order in Council made for the purposes of this section.
3: All land that is subject to the Land Act 1948 Conservation Act 1987
4: Nothing in sections 40 to 42
5: Nothing in this Part or in any transfer of land to a person pursuant to this Part shall derogate from the provisions of—
a: section 3 of the Petroleum Act 1937
b: section 8
c: section 3 of the Geothermal Energy Act 1953
d: sections 6 and 8 of the Mining Act 1971
e: sections 5 and 261 of the Coal Mines Act 1979
6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 9(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
10: Title to land
1: The Registrar-General of Land
a: register the transferee as the owner
b: make such entries in the register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to this section.
2: The Registrar-General of Land record of title for land vested in the transferee The Registrar-General of Land such record of title section 9(4)
3: As soon as registration is accomplished in accordance with subsection (1)
4: Applications in accordance with subsections (1) and (2) shall specify the name of the transferee and the date specified in the relevant Order in Council made under section 9(2)﻿(b) Section 10(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 10(1)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 10(2) amended 12 November 2018 section 250 Land Transfer Act 2017
11: Land certification
1: Before the Registrar-General of Land record of title section 9(2) the Registrar-General of Land Schedule 2 the Registrar-General of Land
2: A certificate in accordance with subsection (1) shall be filed by the Registrar-General of Land Registrar-General of Land Section 11(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 11(2) amended 12 November 2018 section 250 Land Transfer Act 2017
12: Section 11 and Part 10 of Resource Management Act 1991 and Part 21 of Local Government Act 1974 not to apply
Section 11 Part 10 Part 21 Section 12 substituted 1 October 1991 section 362 Resource Management Act 1991
13: Activity permitted as of right
For the purposes of section 375(1)﻿(a)﻿(iii) Section 13 substituted 1 October 1991 section 362 Resource Management Act 1991
14: Ownership of irrigation scheme by local authority
1: Where a local authority, whether solely or jointly, acquires a 50% or greater share in an irrigation scheme pursuant to this Part, the scheme shall be operated on a commercial basis and, despite the Local Government (Rating) Act 2002
2: The accounts relating to any irrigation scheme to which subsection (1) applies shall be kept separate from the other accounts of the local authority. Section 14(1) amended 1 July 2003 section 137(1) Local Government (Rating) Act 2002
15: Provisions relating to Rangitata Diversion Race
1: Where, before the commencement of this section, water was being taken from the Rangitata Diversion Race for the purposes of—
a: the Mayfield Hinds Irrigation Scheme; or
b: the Valetta Irrigation Scheme; or
c: the Ashburton Lyndhurst Irrigation Scheme— such taking of water shall be deemed to be authorised as if section 21(2) of the Water and Soil Conservation Act 1967 and section 386
2: The maximum amounts and rates of flow of water that, under the authority of subsection (1), may be taken from the Rangitata Diversion Race during any season beginning on 10 September in any year and ending with 9 May in the following year, for the purposes of each scheme referred to in that subsection, shall be as follows:
a: the Mayfield Hinds Irrigation Scheme—320 million cubic metres (16.5 cubic metres per second):
b: the Valetta Irrigation Scheme—85 million cubic metres (4.4 cubic metres per second):
c: the Ashburton Lyndhurst Irrigation Scheme—250 million cubic metres (13 cubic metres per second).
3: Every right to which subsection (1) applies shall be subject to the provisions of any other enactment relating to it. Section 15(1) amended 1 October 1991 section 362 Resource Management Act 1991
16: Validation of licences, etc
Every—
a: agreement entered into by the Crown and any person who has agreed to purchase an irrigation scheme whereby the Crown has granted a licence to that person to use and operate the scheme on behalf of the Crown pending the transfer of the scheme pursuant to this Part; and
b: payment made by the Crown to that person as licensee; and
c: payment made and collection of a sum of money on behalf of the Crown pursuant to that agreement— is hereby validated and declared to have been lawful.
17: No claim against Crown where scheme transferred back to Crown
If, under the terms of any agreement to sell or otherwise dispose of any irrigation scheme under this Part, the scheme or any dam forming part of the scheme is transferred back to the Crown, the previous owners and users of the scheme or dam (including existing and past members of any body corporate which was the owner and any other purchaser of water from the previous owner of the scheme or dam) shall not have any claim against the Crown for compensation for any loss of supply of water.
18: Revocation of Orders in Council constituting irrigation districts, etc
On the sale or disposal of any irrigation scheme under this Part, every Order in Council in force and made under section 208 section 208A
2: Amending Public Works Act 1981
19: Application of Part 19 of Public Works Act 1981
Amendment(s) incorporated in the Act(s)
20: Basic charge
1: Amendment(s) incorporated in the Act(s)
2: The following enactments are hereby consequentially repealed:
a: Amendment(s) incorporated in the Act(s)
b: Amendment(s) incorporated in the Act(s)
c: Amendment(s) incorporated in the Act(s)
d: Amendment(s) incorporated in the Act(s)
21: Water availability charge
1: Amendment(s) incorporated in the Act(s)
2: The following enactments are hereby consequentially repealed:
a: Amendment(s) incorporated in the Act(s)
b: Amendment(s) incorporated in the Act(s)
c: Amendment(s) incorporated in the Act(s)