Local Government Amendment Act (No 5) 1999

1: Short Title and commencement
1: This Act may be cited as the Local Government Amendment Act (No 5) 1999, and is part of The Local Government Act 1974 the principal Act
2: This Act comes into force on the day after the date on which this Act receives the Royal assent.
2: Application of
Part 25 Section 2 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
3: Interpretation
Section 3 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
4: Drawing off water from streams supplying water race
Section 4 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
5: Interpretation
Section 5 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
6: Discharge of sewage into sewerage drain in accordance with bylaws not to constitute offence
Section 6 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
7: Application of
Part 29 The principal Act is amended by inserting in Part 29 section 502 section 362 Resource Management Act 1991
501F: This Part—
a: Applies only in respect of—
i: Drainage channels or land drainage works under the control of a council:
ii: Drainage channels or land drainage works under construction by a council:
iii: Drainage channels or land drainage works that a council has agreed to construct; and
b: Does not apply in respect of drainage channels or land drainage works transferred by a council under Part XXIXA
8: Removal of obstructions from drainage channel or watercourse
1: Section 511 subsection (5)
5A: Notwithstanding that no work has been carried out by the council under subsection (4)
2: Section 511(6) The said cost and expenses
9: Order of Court on application under
section 511 512 Section 513 paragraph (a)
a: Direct that—
i: A portion of the cost of removing the obstruction; and
ii: A portion of the cost and expenses incurred by the council under section 511 or section 512 be borne by any person holding any interest in the land or by any local authority whose district or works will be improved by that removal: .
10: Council may made advances to owners
Section 514 subsection (2)
2: Instead of making any such advance to any owner, the council may, by agreement with the owner, itself do all or any of the things referred to in subsection (1)
11: New
Part 29A The principal Act is amended by inserting, after Part 29
XXIXA: Divestment of land drainage schemes and water-race schemes
517A: This Part subject to
Resource Management Act 1991 Soil Conservation and Rivers Control Act 1941 Nothing in this Part of this Act derogates from the provisions of The Resource Management Act 1991 The Soil Conservation and Rivers Control Act 1941
517B: Interpretation
In this Part, unless the context otherwise requires,— Drainage area Part XXIX Drainage channel channel section 503 Land drainage scheme Part XXIX Land drainage works section 503 Occupier occupier Scheme asset
a: Any estate or interest in any land, including all rights of occupation of land or buildings:
b: All buildings, vehicles, plant, equipment, and machinery, and any rights therein:
c: All financial reserves, and any rights therein:
d: All securities within the meaning of The Securities Act 1978
e: All rights of any kind, including rights under Acts, deeds, agreements, or licences, and any kind of consent granted under The Resource Management Act 1991
f: Annual revenue (or any proportion thereof) received by a local authority from land vested in the local authority in trust or as an endowment for the purpose of or in relation to the land drainage scheme or water-race scheme; but does not include any interest in any such land: Scheme liabilities
a: Liabilities and obligations under any Act or agreement; and
b: Deposits and other debt securities within the meaning of The Securities Act 1978
c: Contingent liabilities: Scheme owner Scheme user Water race section 422(1) Water-race area Part XXV Water-race scheme Part XXV
517C: Purposes of this Part
The purposes of this Part are—
a: To enable any land drainage scheme or water-race scheme to be transferred to the ownership and responsibility of the ratepayers served by the scheme where that is the wish of those ratepayers; and
b: To ensure that the manner in which any such scheme is transferred protects—
i: The interests of all ratepayers served by the scheme; and
ii: The public interest in the effective operation of this Act and other Acts by local authorities.
517D: Obligation of local authority to facilitate purposes
1: Where any local authority that has control of a land drainage scheme or water-race scheme has reasonable grounds to believe that a significant proportion of scheme users may seek the transfer of that scheme under this Part, the local authority must, in relation to that scheme, take all reasonable steps to facilitate the operation of the provisions of this Part.
2: Reasonable steps under subsection (1) Transfer petitions and transfer proposals
517E: Initiation of transfer
Subject to section 517F
a: A petition requesting the transfer of the land drainage scheme or water-race scheme to the scheme users; and
b: A transfer proposal.
517F: Duty of local authority upon receipt of transfer petition and transfer proposal
1: No transfer petition or transfer proposal filed under section 517E
a: The number of valid signatures to the transfer petition, is not greater than 50% of the number of separately rateable properties served by the land drainage scheme or water-race scheme; or
b: The transfer proposal is the same or substantially similar to any proposal that has been filed with the local authority within the period of 36 months ending with the date on which the transfer petition is filed with the local authority.
2: Where any transfer petition or transfer proposal is of no effect under subsection (1)
3: Subject to subsection (1) section 517E section 517I
4: The return of the transfer proposal to the proposer under subsection (3) section 517E and subsection (1)(b) subsection (3)
517G: Signatures to transfer petition
1: Subject to this section, every scheme user is entitled to sign the transfer petition filed under section 517E
2: Where there is more than one scheme user in respect of any property served by the land drainage scheme or water-race scheme proposed to be transferred, every such scheme user is entitled to sign a petition requesting the transfer of the land drainage scheme or water-race scheme; but not more than one signature in respect of any such property may be counted for the purpose of assessing the number of valid signatures to the petition.
3: For the purposes of this section, and section 517F
4: No person may sign any transfer petition more than once.
5: Every scheme user who signs a petition filed under section 517E
a: The scheme user's name; and
b: The address of the property in respect of which the scheme user is entitled by virtue of subsection (1)
517H: Proposer
Every transfer proposal filed under section 517E
a: The name of the proposer; and
b: An address at which the proposer or a representative of the proposer can be contacted; and
c: Where a representative of the proposer is the person to be contacted, the name of that representative; and
d: The grounds on which the proposer claims to be entitled to make the proposal.
517I: Contents of transfer proposal
The transfer proposal must—
a: Identify the land drainage scheme or water-race scheme proposed to be transferred, which identification must be accompanied by a plan or other description sufficient to identify the land drainage scheme or water-race scheme; and
b: Identify (by reference to the land or property which is served by the scheme and which is occupied by each scheme user) the scheme users to whom the scheme is to be transferred; and
c: State whether it is the intention of the scheme users to whom the scheme is to be transferred—
i: To have the scheme transferred to themselves as tenants in common; or
ii: To have the scheme transferred, by their direction, to a body corporate comprised of those scheme users or acting on their behalf; or
iii: To have the scheme transferred, by their direction, to persons appointed by them to hold the scheme in trust on their behalf; and
d: Identify the scheme assets and scheme liabilities; and
e: Identify the scheme assets and scheme liabilities proposed to be transferred with the scheme; and
f: Identify such of the assets identified in paragraph (e)
g: Identify the price proposed to be paid or the method for determining the price that should be paid for the scheme assets identified in paragraph (f)
h: Propose a procedure for the transfer of such of the scheme assets and scheme liabilities as are proposed to be transferred with the scheme and a timetable for their transfer; and
i: Identify any rights conferred by designations under operative district plans applying to any land relating to the scheme; and
j: Identify any rules or proposed rules in any regional plan or proposed regional plan relating to the scheme; and
k: Identify any resource consents relating to the scheme, including any water permits or discharge permits that have become resource consents under section 386 of The Resource Management Act 1991
l: Identify any leases, easements, permits, or rights of any kind in respect of any scheme assets or scheme liabilities.
517J: Service of transfer proposal
The proposer of a transfer proposal filed under section 517E
a: Every scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates; and
b: Every other scheme user in relation to the scheme to which the transfer proposal relates; and
c: Every local authority within whose district the scheme to which the transfer proposal relates is wholly or partly situated or which is otherwise likely to be affected by the transfer of that scheme (other than the local authority that has control of that scheme).
517K: Right to object to transfer proposal
Where a transfer proposal is filed under section 517E
a: Any scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates; and
b: Any other scheme user in relation to the scheme to which the transfer proposal relates; and
c: Any local authority within whose district the scheme to which the transfer proposal relates is wholly or partly situated or which is otherwise likely to be affected by the transfer of that scheme (including the local authority that has control of that scheme)— may, in accordance with this Part, object to the transfer proposal.
517L: Notice of right to object
Subject to section 517F(3) section 517E
a: To every scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates; and
b: To every other scheme user in relation to the scheme to which the transfer proposal relates; and
c: To every local authority entitled under section 517K(c) a notice complying with section 517M
517M: Contents of notice of right to object
Every notice given under section 517L
a: Give notice of the local authority's receipt of the transfer petition and transfer proposal under section 517E
b: Give notice of the obligations of the proposer under section 517J
c: Invite any person (being a person entitled under section 517K
d: Advise that, where objections are received from—
i: A local authority entitled under section 517K(c)
ii: The operator of any other drainage system or water supply system that utilises the scheme; or
iii: Scheme users who are occupiers of not less than 5% of the number of separately rateable properties served by the land drainage scheme or water-race scheme,— all the objections received by the local authority will be forwarded to the Commission for determination in accordance with section 517T
e: Advise that, where a local authority receives an objection under paragraph (d)(i) or paragraph (d)(ii) paragraph (d)(iii)
517N: Lodging of objections
Every objection under Section 517K
a: Must be made in writing; and
b: Must, within the time stipulated in the notice issued under section 517M
c: Must state the basis on which the person making the objection is entitled to do so under section 517K
d: Must, where the person making the objection is a scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates,—
i: Describe that drainage system or water supply system; and
ii: State, against the scheme user's signature, the scheme user's name; and
e: Must, where the person making the objection is a scheme user (other than a scheme user to whom paragraph (d)
i: The scheme user's name; and
ii: The address of the property in respect of which the scheme user is entitled to lodge the objection; and
f: Must specify the grounds on which the objection is lodged, which grounds must be stated with sufficient particularity as to give full advice to both the Local Government Commission and other parties of the issues involved.
517O: Service of copies of objections
Every person who lodges an objection under section 517K
517P: Notification by local authority of receipt of objections
Within 7 days after the closing date for the lodging of written objections under section 517K
a: Must ascertain whether it has received any written objections from—
i: Any local authority entitled under section 517K(c)
ii: The operator of any other drainage system or water supply system that utilises the scheme; or
iii: Scheme users who are occupiers of not less than 5% of the number of separately rateable properties served by the land drainage scheme or water-race scheme; and
b: Must advise the proposer and all other scheme users and every local authority within whose district the scheme is wholly or partly situated or which is otherwise likely to be affected by the proposed transfer, whether or not, as a result of its finding under paragraph (a) section 517S
517Q: Procedure where transfer proposal not required to be forwarded to Commission
Where the local authority finds, under section 517P section 517S section 517P(a)
517R: Obligation of local authority to effect transfer
Where a transfer proposal becomes a transfer plan under section 517Q
a: To the scheme users of the land drainage scheme or water-race scheme as tenants in common; or
b: By direction of the scheme users of the land drainage scheme or water-race scheme,—
i: To any body corporate comprised of or acting on behalf of all the scheme users; or
ii: Where the scheme users of the land drainage scheme or water-race scheme have appointed any persons to hold the scheme in trust on behalf of the scheme users, to those persons as joint tenants.
517S: Procedure on receipt of objections
1: The local authority must, as soon as is practicable upon receipt by it of—
a: An objection from a local authority entitled under section 517K(c)
b: An objection from any scheme user who is the operator of a drainage system or water supply system that utilises the scheme; or
c: Objections from scheme users who are occupiers of not less than 5% of the number of separately rateable properties served by the land drainage scheme or water-race scheme,— forward to the Commission the copies and information specified in subsection (2)
2: The copies and information required by subsection (1)
a: A copy of the transfer proposal; and
b: A copy of every objection received by the local authority under section 517K
c: Such information concerning the characteristics of the land drainage scheme or water-race scheme proposed to be transferred as is necessary for the purposes of section 517T
517T: Duty of Commission to consider objections
1: Where the copy of the transfer proposal and the copies of the other documents are forwarded to the Commission under section 517S
a: Must ensure that the proposer or a representative of the proposer, and any person who has lodged a written objection under section 517K
b: Must consider, having regard to the criteria set out in section 517U
i: The transfer proposal; and
ii: Each objection received; and
iii: All other relevant information presented to or obtained by the Commission.
2: Where all objections to a transfer proposal have been considered and any further investigations or inquiries or negotiations considered by the Commission to be necessary or desirable have been made or carried out, the Commission must determine whether the transfer of the scheme is to proceed or not.
3: Where the Commission determines under subsection (2)
4: The determination of the Commission under subsections (2) and (3)
517U: Relevant criteria
Where the Commission considers any transfer proposal under section 517T
a: The purposes of local government as set out in section 37K
b: The purposes of this Part as set out in section 517C
c: The extent to which the transfer of the scheme would impact upon, or be prejudicial to, the operation of any other drainage system or water supply system that utilises the scheme; and
d: The extent to which the transfer of the scheme would be oppressive, unfairly discriminatory, or unfairly prejudicial to any scheme user or particular scheme users; and
e: The extent to which the transfer of the scheme would impact upon the functions, powers, and duties of any local authority under The Local Government Act 1974 The Resource Management Act 1991 The Soil Conservation and Rivers Control Act 1941
517V: Notice of Commission's determination
1: Where the Commission makes a determination under section 517T
a: Forward a copy of that determination, together with a statement explaining the Commission's reasons for the determination to the local authority concerned and to the proposer or the proposer's representative; and
b: Give notice of the determination and explanatory statement to all scheme users and local authorities affected by the proposed transfer; and
c: Make a copy of the determination and a copy of the explanatory statement available for public inspection at the office of the Commission.
2: The local authority concerned must make a copy of the determination and a copy of the explanatory statement available for public inspection at its office.
517W: Modification of support for transfer proposal
1: This section applies to any transfer proposal approved with modifications by the Commission under section 517T(3)
2: Where a local authority receives under section 517V(1)
a: Gives notice that the Local Government Commission has modified the transfer proposal; and
b: States the Commission's obligations under paragraphs (b) and (c) of section 517V(1) section 5I7V(2)
c: States that any scheme user who signed the transfer petition under section 517G
d: States that any scheme user who was entitled under section 517G paragraph (c)
e: States the local authority's obligations under subsection (3)
3: Within 7 days after the date specified under subsection (2)(c)
a: After deleting any signature that is the subject of an application under subsection (2)(c)
b: After, counting, as if it were a signature to the petition, any support for the petition recorded in accordance with an application under subsection (2)(d) the number of valid signatures on the transfer petition is equal to or greater than 75% of the number of separately rateable properties served by the land drainage scheme or water-race scheme.
4: Where the local authority determines under subsection (3) Transfer plan
517X: Procedure after determination
1: Where the Commission determines under section 517T(2) section 517T(3)
2: Where, in relation to a transfer proposal to which section 517W section 517W(3)
517Y: Obligation of local authority to effect transfer
Where a transfer proposal becomes a transfer plan under section 517X
a: To the scheme users of the land drainage scheme or water-race scheme as tenants in common; or
b: By direction of the scheme users of the land drainage scheme or water-race scheme,—
i: To any body corporate comprised of or acting on behalf of the scheme users; or
ii: Where the scheme users of the land drainage scheme or water-race scheme have appointed any person to hold the scheme in trust on behalf of the scheme users, to those persons as joint tenants. Implementation of transfer plan
517Z: Transfer by local authority of scheme assets and scheme liabilities
1: Notwithstanding any Act, rule of law, or agreement, where a transfer proposal becomes a transfer plan under section 517Q or section 517X
a: Transfer to the person or group of persons to whom the scheme is transferred, the scheme assets and scheme liabilities; and
b: Vest in the person or group of persons to whom the scheme is transferred any rights conferred by designations under district plans applying to any land transferred pursuant to this Part; and
c: Grant to the person or group of persons to whom the scheme is transferred leases, easements, permits, consents, or rights of any kind in respect of any scheme assets or scheme liabilities as provided for by the transfer proposal, the amended transfer proposal, or the Commission's determination, as the case may be.
2: Where a local authority continues, on behalf of scheme users, to collect revenue from land vested in the local authority in trust or as an endowment for the purposes of or in relation to a land drainage scheme or water-race scheme transferred under this Part, the local authority is entitled to deduct from such revenue all reasonable costs and expenses incurred in the collection of such revenue.
3: Where any designation is, under subsection (1)(b) section 167 of The Resource Management Act 1991
4: Scheme assets that are fixed to, or are under or over, any land may be transferred under 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 are to be regarded as separate assets each capable of separate ownership.
5: Any scheme asset or scheme liability may be transferred under 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.
6: Where a transfer takes place pursuant to this section and the transfer is registrable, the person responsible for keeping the register must 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 local authority.
517ZA: Further provisions relating to transfer of scheme assets and scheme liabilities
1: Nothing in this Part—
a: Is to be regarded as placing the local authority, the scheme owner, or any other person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
b: Is to be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or
c: Is to be regarded as placing the local authority, the scheme owner, or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information; or
d: Releases any surety wholly or in part from all or any obligation; or
e: Invalidates or discharges any contract or security.
2: Where a scheme asset or scheme liability is transferred to the scheme owner under section 517Z
3: Where—
a: Any scheme assets held or used by a local authority are held or used for the purposes of, or in relation to, any other land drainage scheme or water-race scheme vested in the local authority; or
b: Any scheme liabilities are incurred by a local authority for the purposes of any other land drainage scheme or water-race scheme vested in the local authority,— the scheme owner must indemnify the local authority for that proportion of the liability which represents the share of the land drainage scheme or water-race scheme in any such scheme asset or scheme liability.
4: Any satisfaction or performance by the scheme owners in respect of the asset or liability is deemed to be also satisfaction or performance by the local authority.
5: Any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the scheme owner is deemed to be also to the benefit of the local authority.
517ZB: Rates and charges payable for proportionate part of year in certain circumstances
1: Where in any year a land drainage scheme or water-race scheme is transferred under this Part before a local authority prescribes any charge or makes any rate for that year in respect of the scheme, any expenditure incurred by the local authority in respect of the scheme for the period beginning on 1 July in that year and ending with the transfer date of the scheme is recoverable by the local authority upon the transfer of the scheme, as a debt owing to the local authority by the scheme owner.
2: Where in any year a land drainage scheme or water-race scheme is transferred under this Part, after any charge or rate in respect of the scheme has been prescribed or made for that year, the local authority may levy and collect the charge or rate, but such proportion of the charge or rate as was levied for the purpose of the scheme and was not expended by the local authority before the transfer of the scheme, must be paid by the local authority to the scheme owner upon the transfer of the scheme.
517ZC: Rights of entry
1: Subject to subsections (2) to (6)
2: Subject to subsection (3) subsection (1)
a: Entry to the land may only be made by the scheme owner or any other person authorised by the scheme owner in writing, either specifically or as a member of a class so authorised by the scheme owner:
b: Reasonable notice of the intention to enter must be given:
c: Entry may be made only at reasonable times:
d: The person entering must carry evidence of his or her authority and must produce such evidence on initial entry or if required to do so.
3: Nothing in subsection (2)
4: In any situation to which subsection (3)
5: A person who enters upon any land in the exercise of the power given by subsection (1)
a: To avoid or minimise the disturbance of any stock or poultry on the land; and
b: To avoid or minimise any damage to or destruction of any fences, buildings, trees, or other property of any kind, other than property belonging to the scheme owner.
6: The scheme owner is liable to repair, or pay compensation for, any damage or loss suffered by any person as a result of any exercise of the power of entry given by subsection (1) 1987 No 116 s 12(1), (3) 1988 No 164 s 14(1)
517ZD: Registration of rights
1: As soon as is reasonably practicable after the transfer of a land drainage scheme or water-race scheme under this Part, the principal administrative officer of the local authority must furnish to the scheme owner a certificate that the rights of entry upon land referred to in section 517ZC(1)
2: The scheme owner must, upon receipt of the certificate, lodge it, together with such plans, if any, as the Registrar-General of Land requires, in the Land Registry Office for the district in which the land is situated.
3: The Registrar-General of Land upon receipt of the certificate referred to in subsection (1)
a: If the land affected or any part of it is not subject to The Land Transfer Act 1952
b: If the land affected or any part of it is subject to The Land Transfer Act 1952
4: If the land affected by the certificate to which this section applies or any part of it is not subject to The Land Transfer Act 1952 The Deeds Registration Act 1908
5: No action lies against the Crown or any other person under Part XI of The Land Transfer Act 1952
6: Notwithstanding any enactment or rule of law to the contrary, any certificate registered under this section is deemed to be binding on any registered proprietor of an estate in fee simple or leasehold of, or on any registered licensee of, and on every person with a prior or subsequent interest registered against, the land or any interest in the land affected by the certificate.
7: Without limiting the provisions of this section, any right referred to in any certificate registered by the Registrar-General of Land under this section may be transferred, by a memorandum of transfer to be registered under the Land Transfer Act 1952, to any person or group of persons to whom any land drainage scheme or water-race scheme has been transferred.
8: On and after the commencement of this section, nothing in—
a: Part V of The Public Works Act 1981
b: Section 708 of this Act
c: Section 29 of The Land Drainage Act 1908
d: Section 10 of The Rangitaiki Land Drainage Act 1956 applies to, or in respect of, any right to which subsection (1)
9: Nothing in this section prejudices or affects any claim for compensation made before the commencement of this section under any of the Acts specified in subsection (8) 1990 No 52 s 4(6)(c), (7), (10)-(13)
517ZE: Transfer of existing easements, etc
1: Where a land drainage scheme or water-race scheme is transferred by a local authority under this Part, the benefit of any existing easement, agreement, or right over or in respect of land relating to land drainage works, drainage channels, water races, or other facilities, for the purposes of the scheme, is deemed to be transferred to the person or group of persons to whom the scheme is transferred, notwithstanding that the easement, agreement, or right may not have been registered.
2: In respect of any land to which subsection (1) subsection (1)
3: Every such notice must—
a: Be signed by the local authority; 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 land drainage works, drainage channels, water race, or other facility to which the easement, agreement, or right relates; and
d: Be lodged by the local authority in the Land Registry Office for the district in which the land affected is situated and registered by the Registrar-General of Land against the title to that land.
4: Notwithstanding anything in subsection (3)(c)
5: Where any such notice has endorsed on it or refers to a diagram or plan to which subsection (4)
6: No action lies against the Crown under Part XI of The Land Transfer Act 1952
7: Notwithstanding any enactment or rule of law to the contrary, any notice registered under this section is deemed to be binding on any registered proprietor of an estate in fee simple or leasehold of, or on any registered licensee of, and on every person with a prior or subsequent interest registered against, the land or any interest in the land affected by the notice.
8: Any easement, agreement, or right referred to in any notice registered under this section may be transferred, by a memorandum of transfer registered under The Land Transfer Act 1952 1990 No 52 s 5
517ZF: Transfer of water permits
1: Where a land drainage scheme or water-race scheme is transferred by a local authority under this Part, any existing permit held by the local authority to dam any river or stream or to divert, take, use, or discharge water for the purposes of the scheme is deemed to be transferred to the person to whom, or the group of persons to which, the scheme is transferred.
2: Every permit so transferred continues to be subject to the same terms and conditions as those to which it was subject immediately before the date of transfer.
3: Every permit to which this section applies is subject to the provisions of any other enactment relating to it. 1990 No 52 s 7 1991 No 69 s 362
517ZG: Transfer of land
1: Nothing in sections 40 to 42 of The Public Works Act 1981 sections 40 and 41 of that Act
2: The Registrar-General of Land must endorse on every certificate of title transferred to any person or group of persons under this Part, the effect of subsection (1) 1990 No 52 ss 9(4), 10(2)
517ZH: Section 11 Part X of Resource Management Act 1991 Part XXI of this Act Section 11 and Part X of The Resource Management Act 1991 Part XXI of this Act 1990 No 52 s 12 1991 No 69 s 362
517ZI: Activity permitted as of right
For the purposes of section 375(1)(a)(iii) of The Resource Management Act 1991 section 375 of that Act 1990 No 52 s 13 1991 No 69 s 362
517ZJ: Revocation of special orders constituting drainage areas and water-race areas
1: On the transfer of any land drainage scheme or water-race scheme under this Part,—
a: That part of every special order in force in relation to that scheme and made under section 423 or section 504 or section 505
b: That part of every drainage district (being a drainage district that is deemed to be a drainage area constituted under Part XXIX
c: That part of every water-race district (being a water-race district that is deemed to be a water-race area constituted under Part XXV
d: That part of every irrigation district (being an irrigation district that is deemed to be a water-race area constituted under Part XXV
2: A local authority must by special order alter the boundaries of any drainage area or water-race area to such extent as is necessary to reflect any revocation effected, or exclusion deemed to have been effected, by subsection (1)
517ZK: Power of local authority to enter into contracts with scheme owners
Subject to Part XVIA
517ZL: Power to repair or maintain land drainage schemes and water races
If a land drainage scheme or water-race scheme is not repaired or maintained in a due state of efficiency, the owners or occupiers for the time being of the land through, on, or between which the land drainage scheme or water-race scheme is situated may, after giving 7 clear days notice to the scheme owner of their intention to do so, repair or otherwise maintain the same in a due state of efficiency, and recover in a summary manner from the scheme owner a fair and equitable proportion of the expenses incurred by them in so doing.
517ZM: Power of territorial authority to reconstitute land drainage or water-race areas
1: A territorial authority may, upon receipt of a petition signed by the occupiers of a majority of the separately rateable properties served by a land drainage scheme or water-race scheme, and with the agreement of the scheme owner, by special order, declare the whole or any defined part of the district in which the land drainage scheme or water-race scheme is situated to be constituted—
a: A drainage area for the purpose of land drainage works for the drainage of land in the area; or
b: A water-race area for the purpose of the construction and maintenance therein of water races and the supply of water therefrom.
2: Part XXIX subsection (1)
3: Part XXV subsection (1)
4: Upon a drainage area or water-race area being constituted under subsection (1)
a: The drainage channels and land drainage works relating to the land drainage scheme vest in the territorial authority; and
b: The water races relating to the water-race scheme vest in the territorial authority.