Fillable Consent from neighbour to construct private drains (Auckland Council New Zealand)

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Consent from neighbour to construct private drains (Auckland Council New Zealand)

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Consent from neighbour to construct private drains - AC2110 Version 1 Page 1 of 2
Consent from neighbour to construct
private drains
Under the Local Government Act 1974
Date recieved: Application no:
Applicant’s details
I/We: (name)
Owner/s of lot number: DP number:
Mailing address:
Postcode:
Request consent to lay and connect drainage from the above property through or into your property as shown, to enable
connections to be made into an approved drainage system.
Below is an indicator sketch – please see attached scaled plan:
Signature of applicant: Date:
Affected land owners
I/We: (name)
Owner/s of lot number: DP number: S.O:
Mailing address:
Postcode:
grant permission to lay and connect drainage as requested.
Signature of affected land owner/s: Date:
Any agreement on costs or reinstatement of properties is a matter to be resolved between the parties concerned and is not part
of this consent or the council’s responsibility.
If the applicant wants to drain under section 461 of the Local Government Act 1974, it becomes his/her responsibility to initiate
the appropriate proceedings and advise the council accordingly.
Please refer overleaf for important notes
See reverse of this form for all rights conferred under section 461 of the Local Government Act 1974.
BC3336
Consent from neighbour to construct private drains - AC2110 Version 1 Page 2 of 2
SECTION 461 OF THE LOCAL GOVERNMENT ACT 1974
Further provisions with respect to private drains
(1) Where any private drain constructed with the consent of the owners of all the lands affected or constructed by
the council pursuant to section 460 of this Act passes through or serves separately owned premises, there shall be
attached to each and all of the lands served by that private drain the following rights, namely:
(a) A right to the free and uninterrupted use of that private drain; and
(b) A right for the occupiers or any of them to enter upon all lands served by that drain, or through which it passes,
for the purpose of relaying or effecting necessary repairs to the drain; and
(c) A right to contribution from the owners or occupiers of other lands so served by that drain towards the cost of
executing, providing, and doing all or any of the things required in respect of the drain by this Part of this Act or
any bylaw; and
(d) A right to contribution from the owners or occupiers of those other lands towards the cost of all necessary
relaying of or repairs to the drain; and
(e) A right to the recovery from the owners or occupiers of the other lands through which that drain passes but
which are not served by the drain of the cost of any repairs to the drain necessitated by any wilful or negligent
act of those owners or occupiers, -
and those rights, upon a certicate being furnished by the principal administrative ofcer that any of the lands is actually served
by that drain, together with such plans (if any) as the District Land Registrar requires, shall be registered by the District Land
Registrar against the titles to all the other lands so served by the drain, and also, in the case of the right to free and uninterrupted
use of the drain and the right to enter upon land to effect necessary relaying or repairs, or to recover under paragraph (e) of this
subsection the cost of any repairs to the drain, against the titles to the lands through which the drain passes.
(2) The District Land Registrar, on the receipt by him of a certicate signed by the principal administrative ofcer that
any of the said lands is actually served by that private drain shall enter on the register and upon the outstanding
duplicate certicate of title for that land, which certicate of title shall be produced to him for that purpose, -
(a) Particulars of the certicate given by the principal administrative ofcer; and
(b) A memorandum that there are attached to the land the rights specied in subsection (1) of this section
(3) If any question arises as to the liability of any owner or occupier under any provision of subsection (1) of this section,
a District Court shall have jurisdiction to hear and determine the question, and the decision of the
Court shall be nal.
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Consent from neighbour to construct private drains (Auckland Council New Zealand)

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Completed 17 June 2022

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