Private drains

Heading: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).

459 Council may require owners of land in certain cases to provide private drains

(1)

In respect of any land or building within the district, the council may, subject to sections 283 and 294(9) and to subsection (7), by notice in writing, require the owner thereof to do all or any of the following things:

(a)

to provide, construct, and lay a private drain from any land or building which is not drained by some drain to the satisfaction of the council, and to connect that private drain with any public drain or watercourse or the sea, as the council thinks fit:

(b)

to cleanse and repair or to relay or alter the course, direction, and outfall of any existing private drain of or belonging to the premises:

(c)

to connect any such existing private drain with any public drain or watercourse other than the public drain or watercourse with which the private drain was previously connected:

(d)

to provide and affix in and to any such existing private drain, and in and to any such new private drain, all such traps, methods of ventilation, and other fittings whatever as the council directs:

(e)

to connect or disconnect any existing or new private drain with or from any water closet, urinal, bath, sink, grease trap, or other sanitary appliance:

(f)

to execute, provide, and do generally any works, materials, and things which in the opinion of the council are necessary or expedient for the efficient drainage of the premises and every part thereof.

(2)

The council may, in the exercise of the powers conferred upon it by subsection (1), instead of requiring several owners each to provide, construct, and lay a private drain, and to connect that private drain with any public drain, or watercourse, or the sea as provided in that subsection, require those owners—

(a)

jointly to provide, construct, and lay a common private drain through such of the separately owned lands as the council thinks fit, and to connect that private drain with any public drain, watercourse, or the sea as aforesaid; and

(b)

severally to provide, construct, and lay a private drain from the land or building of which each is the owner, and to connect that private drain with the common private drain.

(3)

The powers conferred upon the council by paragraphs (b) to (f) of subsection (1) may also be exercised with respect to private drains provided, constructed, and laid under subsection (2), and to similar private drains heretofore provided, constructed, and laid in the district.

(4)

Every notice under this section shall specify the works, materials, and things to be executed, provided, or done thereunder, and the public drain or watercourse with which any private drain is required to be connected, and shall limit a time within which the works, materials, and things shall be so executed, provided, and done.

(5)

The foregoing powers shall, among other things, enable the council to require any owner of premises to cause any pollutant and any water that does not contain any pollutant to be drained respectively by sewerage drains and stormwater drains to separate outfalls:

provided that the council shall not in any such notice require any pollutant to be drained into any open drain.

(6)

If the owner fails to do any work specified in the notice and as therein directed, the council may, if it thinks fit, cause the work to be done, and may recover from him the costs and expenses of the work together with 10% of those costs and expenses for supervision by the officers or agents of the council, and interest at a rate per annum, as fixed by the council, on the total sum until payment thereof. Where any work done by the council pursuant to this subsection is on account of several owners, the council may apportion the total amount as aforesaid between those owners, and the amount so apportioned to each such owner shall be the amount recoverable from him.

(7)

No owner shall be required—

(a)

to construct any private drain, other than a common drain, to connect with any public drain or the sea at a point more than 30  metres from his land; or

(b)

to construct any private drain for the drainage of a building if the nearest part of the building is situated more than 60 metres from the public drain, or watercourse, or sea to which it is required to be connected.

Compare: 1954 No 76 s 224; 1956 No 64 s 251; 1972 No 131 s 12(1); 1972 No 132 s 23; 1976 No 57 s 7(2); 1976 No 58 s 6(2)

Section 459: inserted, on 1 April 1980, by section 2 of the Local Government Amendment Act 1979 (1979 No 59).

Section 459(6): amended, on 10 September 1999, by section 5 of the Local Government Amendment Act (No 4) 1999 (1999 No 108).

Section 459(7): amended, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).