When is a river a drain?

Brunner Mine on Grey River
View of the coalmining town of Brunner, by the Grey River, showing the bridge and the mine. Coal ready for transport by rail can be seen just below the photographer. Not to be reproduced without permission from Alexander Turnbull Library, PA1-o-498-36.

Some may argue that too often rivers are treated like drains even today, but a century and a half ago, rivers were drains under this country’s law.

Under the Public Works Act 1876,  “drain” was defined to include both artificial channels and “every natural watercourse, stream, and river not navigable” (s. 165). Under the Mines Act, certain rivers could be proclaimed “sludge channels”, as was the case with the Waihou and Ohinemuri Rivers in Waikato. Continue reading