Water Management Act 2000 No 92
Part 3 Private drainage boards
Division 1 Preliminary
197 Application of Part
This Part applies to all drainage unions under the former Drainage Act 1939 that were in existence immediately before the repeal of that Act, but does not authorise the establishment of any new drainage unions.
In this Part:director means director of a private drainage board.drain includes a natural watercourse.drainage district means the area in respect of which a drainage union is constituted, having boundaries as varied from time to time in accordance with this Part.private drainage board means board of directors of a drainage union.
199 Requirements for access licences and approvals
Nothing in this Part authorises a private drainage board or landholder to do anything for which this Act requires an access licence or approval unless the private drainage board or landholder holds an appropriate access licence or approval.
Division 2 Private drainage boards
200 Private drainage boards
Each private drainage board is a corporation under the corporate name by which it was constituted.
201 Appointment and election of directors
(1) A private drainage board is to have not less than 3, and not more than 7, directors.(2) If any Crown lands are included in the private drainage board’s district, one of the directors is to be appointed by the Minister (the appointed director).(3) The remaining directors (the elected directors) are to be elected by landholders within the drainage district.(4) The regulations may make provision for or with respect to:(a) the conduct of elections for the elected directors of a private drainage board, and(b) other matters concerning the constitution and procedure of a private drainage board.
202 Functions of private drainage boards
(1) A private drainage board has the following functions:(a) to prepare, review and implement a management program for its drainage district,(b) to maintain in a state of efficiency the drainage works under its charge, and renew such drainage works if necessary,(c) to construct, alter, or extend any drainage works in accordance with any authority and consent given under this Part,(d) to make, levy and collect rates,(e) to appoint such officers and employees as may be required,(f) to institute legal proceedings for the recovery of outstanding rates or other amounts,(g) to keep the prescribed books and accounts,(h) to manage the affairs of the drainage union,(i) to do such acts as may be necessary or desirable for carrying out the purposes of this Part.(2) No drainage works affecting navigable waters (within the meaning of the Protection of the Environment Operations Act 1997) are to be commenced without the approval of the Governor.
203 Entry on lands
(1) A private drainage board or any person authorised by it may enter any land within or outside its drainage district:(a) for the purpose of making inspections or surveys, and(b) for the purpose of constructing, maintaining and effecting extensions and alterations to the drainage works, and(c) for any other purpose in the exercise of its powers and duties.(2) The private drainage board must make full compensation for damage occasioned to any land in the exercise of its powers and duties under this Part.
204 Extension of drainage works
A private drainage board is to carry out such extensions of drainage works as are authorised by a majority of votes cast at a general meeting at which a quorum is present.
205 Amendment of boundaries
(1) The boundaries of a drainage district may from time to time, on application by the private drainage board, be amended by the Governor.(2) Any such application must contain particulars of the lands proposed to be added to or excised from the drainage district, and that have or are capable of being increased in value or that have decreased in value respectively by reason of the operations of the private drainage board.(3) The Minister must cause notice of any such application to be published in the authorised manner.(4) The notice must:(a) give particulars of the lands proposed to be added to or excised from the drainage district, and(b) appoint a time (not being earlier than 8 weeks after the date of publication of the notice) and place at which objections may be lodged.(5) After expiration of the appointed time and on consideration of any objection lodged the Minister may recommend and the Governor may approve an application with such modification, if any, as the Minister, on investigation, may recommend.(6) The approval of the Governor, and particulars of the alterations made in the boundaries of the drainage district, must be notified by the Minister in the Gazette.(7) As from the date of publication of such notification, the boundaries of the drainage district are taken to be altered accordingly.
Division 3 Finance
(1) A private drainage board may, in respect of each landholding within its area of operations, fix, assess and levy rates in order to provide funds to enable it to exercise its functions.(2) Rates levied by a private drainage board are payable by the persons, and at the times, prescribed by the regulations.(3) A private drainage board may impose a charge for a service provided by it otherwise than by means of a drainage management work.(4) A private drainage board is to keep the records prescribed by the regulations in connection with the rates fixed, assessed and levied by it.
207 Annual estimates
For each year commencing 1 January, the private drainage board must cause an estimate to be made of the amount required for that year for the following purposes:(a) construction, maintenance, extension and alteration of drainage works,(b) payment to the Treasurer of any amounts due or becoming due,(c) repayment of loans, and payment of interest thereon,(d) defraying costs of administration,(e) meeting all other expenditure whatsoever in carrying out its powers, authorities, duties and functions,(f) the preparation and implementation of management programs.
If for any reason any rate is not made within or by the time prescribed by or under this Part, or if any irregularity in making or levying any rate affects or may be considered to affect the validity of any rate, the Governor may extend the time for the making of the rate, and may authorise the doing by the private drainage board of such acts as may be necessary to cure the irregularity and to validate the rate.
209 Rate book
(1) Every rate must be entered in a rate book which must be in the prescribed form.(2) An alteration or amendment in the rate book may be made in respect of any rate by altering such of the particulars entered therein as may be prescribed.(3) An alteration or amendment in the rate-book has effect on adoption by the private drainage board as though made when the rate was made.(4) An alteration or amendment in the rate-book made in conformity with a resolution of the private drainage board must be made in the prescribed manner.
210 Due date
Every rate becomes due and payable to and recoverable by the private drainage board on the expiration of one month after service of the rate notice.
211 Liability of owner
Except where this Part otherwise expressly provides, every rate is to be paid to the private drainage board by the owner of the land in respect of which the rate is levied.
212 Liability of current owner
(1) If a private drainage board is for any reason unable to recover any amount owing by way of rates from the owner of any land, the private drainage board may serve on any tenant of that land a notice requiring that any rent then due or thereafter to become due by the tenant in respect of the land be paid by the tenant as it falls due to the board in liquidation of the amount owing.(2) In default of payment of rent, the private drainage board may recover from the tenant of the land the amount owing as a debt in any court of competent jurisdiction.(3) Any payment to the private drainage board under this section constitutes a valid discharge to the payer for such rent as against all other persons.(4) Nothing in this section applies to a person who is a tenant for or on behalf the Crown, as an officer or employee of the Crown or as an employee of a local council.
213 Lessees of land owned by the Crown
(1) If the land is owned by the Crown and is held by any person under a lease from the Crown, the rate must be paid to the private drainage board by the holder of the lease.(2) If the land is held under a lease from the Crown by two or more persons successively in the same year, the private drainage board may do any of the following:(a) it may make such adjustment (if any) of the rate, whether paid or unpaid, as it thinks proper between such persons,(b) it may recover from each of such persons that person’s proportion of the rate as fixed by the adjustment,(c) it may make any refund in accordance with the adjustment,(d) it may write off any amount in respect of the interval between those persons’ holdings.
Division 4 Effect of new subdivisions
214 Connections to new holdings resulting from subdivisions
(1) If a holding is subdivided, a new holding resulting from the subdivision is not entitled to be connected to a private drainage board’s drainage works until a date determined by the board (not being a date earlier than the date on which the board became aware of the disposition of that new holding).(2) If rates for a period or year ending on 30 June, being the period or year during which the date determined by the board under subsection (1) occurred, have not, before the date so determined, been levied in respect of the holding that was subdivided, the board must levy the rates for the whole of that period or year in respect of each of the new holdings that resulted from the subdivision, and that was disposed of.
215 Additional works required as a result of subdivision
(1) The person who, immediately before the disposition of a new holding resulting from a subdivision of land within a private drainage board’s drainage district, was the landholder of the holding (the previous landholder) must construct at his or her own cost such works as are necessary to provide:(a) means of conveying water to the board’s drainage works from the new holding, and(b) means of access from roads to any works of the board or any works provided for the purposes of paragraph (a) if that access would not be available except by crossing a channel of the drainage district, and(c) means of access across a channel of the drainage district to the new holding if that means of access is required by reason of the subdivision.(2) All works to be constructed under subsection (1) must be constructed before the new holding is disposed of or within such period after the disposition of the new holding as the board may in any particular case allow.(3) All works constructed or to be constructed under subsection (1) must be constructed in accordance with the approval in writing of the board in respect of location, design, form, dimensions and construction.(4) At the request of the previous landholder, the board may undertake, at the landholder’s cost, the construction of any works required by this section.(5) The board may construct such works as have not been constructed by the previous landholder, and any costs and expenses are payable to the board either by the previous landholder or by the new landholder, as the board may determine.(6) If any part of the costs and expenses referred to in subsection (5) is recovered by the board from the new landholder, the new landholder may recover from the previous landholder the whole or that part of those costs or expenses, as the case may be.(7) On their completion, the control and management of any works constructed under this section is vested in the board.
Division 5 Miscellaneous
(1) When all amounts due by the private drainage board of any drainage union have been repaid, the landholders (being not less than one-third in number of those within the drainage district) may present a petition to the Governor for the dissolution of the union.(2) The Governor may notify such petition in the authorised manner, and if no sufficient cause to the contrary is shown by other landholders within the drainage district, may proclaim that the union is dissolved.(3) (Repealed)(4) The regulations may make provision for or with respect to the winding up of a private drainage board and for the disposal of any residual assets of the board.(5) If the Governor is satisfied that the winding up of a private drainage board has been completed under this section, the Governor may, by proclamation published in the Gazette, abolish the board.
Any rate, charge, fee, or money due to a private drainage board under the provisions of this Part or of any regulation under this Part may be recovered as a debt or liquidated demand in any court of competent jurisdiction.
(1) The accounts of a private drainage board must be audited once every year.(2) A private drainage board must each year publish, in a manner approved by the Minister, a statement of the receipts and payments or alternatively of the income and expenditure for the next preceding year, certified under the hands of the chairperson of the board or manager and the auditor, or forward a copy of such statement to each landholder of land within the drainage district.(3) The private drainage board must forward a copy of the statement to the Minister.
The regulations may make provisions for or with respect to the following matters:(a) the appointment, payment and dismissal of officers and employees of a drainage board,(b) the making and levying of rates and the time within which rates must be made,(c) the keeping of accounts of private drainage boards,(d) the qualifications to be held by auditors appointed by a private drainage board.