Part 4Determination of portions of ownership of water shares

Part 4—Determination of portions of ownership of water shares

17 Determination of portions generally

(1) For the purposes of Part 2, the ownership of the persons' water share is deemed to be the same as the ownership of the land that comprised the holding unless—

(a) parcels of land in the holding are owned by different persons or in a different manner; or

(b) different mortgages apply to different parcels of land in the holding; or

(c) in the opinion of the Minister, ownership of the whole or a part of the water share cannot be clearly established.

(2) Subject to Part 2, where subclause (1)(a) or (b) applies, the ownership of the water share is to be determined as agreed between all entitled persons.

(3) If—

(a) an agreement has not been reached under subclause (2); and

(b) 18 calendar months have expired since the appointed day for the water system and an application for arbitration under clause 19 has not been made—

ownership of the water share is to be determined as follows—

(c) the owner of each parcel of land that comprised the holding—

(i) is deemed, in respect of the ownership of that parcel, to hold the water share as a tenant in common, in equal undivided portions with the owner of each other parcel of the land that comprised the holding; and

(ii) if there is more than one owner for a portion of the water share those persons own that portion in the same manner as that in which, they hold the parcel of land that entitles them to ownership of that portion of the share.

(4) Where subclause (1)(c) applies ownership of the water share is to be determined—

(a) as agreed between all entitled parties; or

(b) if agreement cannot be reached under paragraph (a), in accordance with the conversion rules.

(5) For the purposes of this section, mortgage in relation to land under the Transfer of Land Act 1958, means a recorded mortgage under that Act.

18 Determination of portions on conversion of take and use licences

(1) If a take and use licence to which clause 13 applies is held by more than one person, the holders of the licence are deemed to own the water share as tenants in common in equal undivided portions (unless subclause (2) applies).

(2) If a take and use licence to which clause 13 applies is held by an unincorporated association, the ownership of the share is to be determined as agreed between all persons who are members of the association.

19 Arbitration