Water Management Act 2000 No 92
Current version for 17 September 2014 to date (accessed 27 November 2014 at 08:24)
Chapter 4Part 2Division 8

Division 8 Effect of new subdivisions

182   Supply of water for domestic and stock purposes to new holdings resulting from subdivisions

(1)  If a holding, whether an irrigated or non-irrigated holding, is subdivided, a new holding resulting from the subdivision is not entitled to a supply of water for domestic and stock purposes from a private irrigation board’s water supply 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 specified by a private irrigation board under subsection (1) occurred, have not, before the date so specified, 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.

183   Supply of water for irrigation purposes to a new holding resulting from a subdivision

(1)  If an irrigated holding is subdivided and any new holdings are thereby created, the private irrigation board must, subject to subsection (2), allocate to such of the new holdings as the landholder of the subdivided holding nominates the whole of the quantity of water last allocated to the holding that was subdivided.
(2)  If the landholder nominates more than one new holding to which the quantity of water is to be allocated, the private irrigation board may allocate the water to those holdings in such proportions as it determines.
(3)  A private irrigation board may allocate to such of the new holdings as the board determines the quantity of water last allocated to the subdivided holding if:
(a)  the landholder of the subdivided holding fails to make a nomination within the time specified by the board in a notice sent by post to the landholder at the landholder’s last known address, or
(b)  a holding nominated by the landholder does not contain land capable of being irrigated from the works of the private irrigation district or to which, in the opinion of the board, it is impracticable to convey water for irrigation from those works, or
(c)  a holding nominated by the landholder is too small to justify an allocation of water, or
(d)  the allocation of water in the manner nominated is otherwise detrimental to the administration of the private irrigation district concerned.
(4)  If a private irrigation board makes an allocation under subsection (3), it is to notify the landholder of the subdivided holding and the landholder of each new holding of the allocation.
(5)  An allocation of water to a new holding made under this section has effect on and from a date to be specified in the instrument by which the allocation is made (not being a date earlier than the date on which the private irrigation board became aware of the first disposition of any of the new holdings resulting from the subdivision).
(6)  The landholder of a new holding resulting from a subdivision referred to in subsection (1) is not entitled to an allocation of water by the private irrigation board for irrigation purposes otherwise than in accordance with this section.
(7)  If the charges for water have not been levied for the current year for the subdivided holding, the private irrigation board must levy the charges for the whole of that year in respect of the new holding to which the water previously allocated to the subdivided holding has been allocated in accordance with this section.

184   Additional works required as a result of subdivision

(1)  The person who, immediately before the disposition of a new holding resulting from a subdivision, 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 new holding from the private irrigation board’s water supply works and, if an allocation of water is made to the new holding for irrigation, means of measuring the water so supplied, and
(b)  means of access from roads to any works of the private irrigation district or any works provided for the purposes of paragraph (a) if that access would not be available except by crossing a channel of the private irrigation district, and
(c)  means of access across a channel of the private irrigation 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):
(a)  in respect of the supply of water to a new non-irrigated holding, must be constructed before the new holding is disposed of or within such period after the disposition of the new holding as the private irrigation board may in any particular case allow, and
(b)  in respect of the supply of water to a new irrigated holding, must be constructed within such period as the private irrigation board may, by notice in writing, have notified to the landholder of the holding that was subdivided.
(3)  All works constructed or to be constructed under subsection (1) must be constructed in accordance with the approval in writing of the private irrigation board in respect of location, design, form, dimensions and construction.
(4)  At the request of the previous landholder, a private irrigation board may undertake, at the landholder’s cost, the construction of any works required by this section.
(5)  A private irrigation board may construct such works as have not been constructed by the previous landholder, and any costs and expenses (including any compensation paid or payable by the board under Division 5 by reason of the construction of the works) 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 private irrigation 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 private irrigation board.
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