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Contents (2000 - 92)
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Water Management Act 2000 No 92
Current version for 1 July 2019 to date (accessed 22 September 2019 at 19:45)
Chapter 4 Part 3 Division 2
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.