The Department of Internal Affairs suggested the council should repeal the Act as it would no longer be needed once water services responsibilities transferred into Entity D under the new Water Services Entities Act.
But councillors decided to wait rather than to rubber stamp the DIA recommendations.
The DIA has been reviewing local private Acts which potentially create inconsistencies and cloud statutory obligations between local and national legislation.
The SLDA was initially passed in 1935 to cover rural stormwater and farm drainage issues.
The DIA expected, but did not confirm, Environment Southland would assume responsibility for managing rural farm drainage.
Councillors believed the recommendation contained too much ambiguity to provide them with the assurances they needed before approving the Act’s repeal and were concerned about who would hold responsibility in the interim.
Cr Paul Duffy said he also had concerns as the DIA had said in its recommendations farm drains were likely to be regulated by Environment Southland. But no absolute or guarantee had been given.
"I would be rather concerned to see this done away with without some other sureties in place ..."
Mayor Rob Scott was concerned if the Act was repealed the council’s roading structure could be exposed to damage if those managing the rural drainage system did not do the job properly.
"There is a general feeling around the room there is some discomfort around this," Mr Scott said.
Cr Christine Menzies also voiced her discomfort.
Cr Sarah Greaney thought repealing the Act now was premature and preferred to see it happen closer to when asset transfers to the new Three Waters entities were to take place.
Cr Matt Wilson said central government needed to define what storm water was and determine who was responsible for the different areas such as free-flowing up-country streams, rural drainage or when it enters storm water drainage systems.
"On that basis, I think it would be wise to spend a bit more time and get clarity on what is storm water ...
"Where do you determine the stormwater be a thing that is a human interaction versus it’s just water flowing off the hill?"
Council chief executive Cameron McIntosh suggested councillors revisit the issue at a later date rather than approve it only for it to be counteracted at a later date.
"I’m happy to relay to DIA this isn’t a straightforward matter for this council."
Cr Menzies said the council had the advantage of time to consider the issues.
Mr Scott said stuff was coming through so fast.
"We need to have time to be prudent and do our job and look at things properly."
- By Toni McDonald
