LGOIMA Request Details: LG2376

LG 2376 – Information about the status of a drain on Denbigh Street 

I refer to your official information request dated 11 August 2025. 

 

An Easement in Gross was created as part of the original subdivision consent for the properties on Camden Street, Feilding.  

  

The easement provides Council with secure legal rights of access for inspection, maintenance, or other works necessary to safeguard the wider stormwater network. The presence of this easement does not alter the classification of the drain, which remains private. 

  

As part of the subdivision process, the developer’s engineer submitted plans to realign the stormwater drain. These plans required Council approval to ensure that the proposed works were technically suitable and consistent with the protection of the broader drainage network. Because the drain is private, all costs associated with its realignment were met by the developer/landowner. Council’s approval of the plans did not vest the drain in Council ownership but was necessary to confirm that the works would not adversely affect downstream infrastructure. 

  

Council acknowledges that in correspondence dated 21 May 2025, it was stated that “no easement is required for a private drain.” To clarify, the general position is that Council does not ordinarily require easements over private drains. However, in this case, an easement was required by the conditions of subdivision consent to provide Council with ongoing legal access rights to this section of drain due to its importance to the wider stormwater system. 

  

In summary: 

• The drain remains private and the responsibility of the landowner. It has never been vested with Council as a public drain. 

• The easement was required at the time of subdivision to ensure Council could carry out its statutory functions to protect the wider drainage network. 

• Council does not consider this section of the drain to be public, but its role in the network justified the easement requirement. 

 

Manawatū District Council publishes responses to Local Government Official Information and Meetings Act 1987 (LGOIMA).  We will publish the LGOIMA response along with a summary of the request on our website.  Requests and responses may be paraphrased.  

To protect your privacy, we will not generally publish personal information about you, or information that identifies you.