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  1. #1

    Angry So angry I feel sick! Do the Auckland City Council have the right?

    We have a small creek running through our back section which runs right to left. As our section is over 1000sqm we intend to put a house down the back in the future, as they have done along the road to the right of us. They managed to get resource consent, so it shouldn't of been a problem for us.
    Anyway last week we had people working for the council who said they needed to access our land to put in a stormwater running into the creek to the right of our property. Firstly they have absolutely wrecked our property. It is a complete mud pitt. They have had bulldozers etc up and down the section.
    Secondly after it rained today, our creek went from four foot wide to 20 foot wide. Seriuosly it has turned our back yard into a river. The stormwater pipe also comes out on our property, not in the creek to the right (not that it would of made any difference). Hopes of being able to build a second house is dwindling fast.
    We have had to get our dog looked after, as they are still in and out of the property. They have taken down fences and squashed gardens. Its all very well planting grass seed later, its going to take a year to recover! Honestly it makes me feel like crying...
    I am so angry! Do council have the right to put a storm water that floods our property without even asking our permission.

  2. #2
    Join Date
    Sep 2008


    they have a lot of rights in that regard

    not just auckland

    have you defeated them?
    your demons

  3. #3
    Join Date
    Aug 2010


    I'd be tempted to speak to a lawyer. They shouldn't have the right to make your place less awesome than it was before their changes.

  4. #4


    I would bar access to the property, call the council and tell them to get someone out there that isnt a hole digger if they are wanting the job to be complete, get images from goolge maps, photos anything that can show the damaged caused. Who cares if they have the rights, its your house and make them aware of this, who cares if your unreasonable, just think about what they have done to your castle when your spiting chips.

  5. #5
    Join Date
    Sep 2007


    Usually if they do this, they have a pre-existing right to do so via something noted on the title. I've seen a couple of these around my way.

    Do you have a copy of your title you can look at?

    Did the council ask? What did they say their rights were? i.e. why would they think they can do this?

    I'd be jumping up and down. Who's your local board member? Call them.
    Squadly dinky do!

  6. #6
    Join Date
    Mar 2011


    I would contacting someone at the council and making them put things right, I suggest the engineer who is managing the construction contract. The people making the mess (or their boss) should be able to tell you who this is.

    They may have rights to drain stormwater into the creek (but this isn't guaranteed) but I'm pretty sure they don't have rights to put pipes on your property, or to do anything that increases the flooding on your property, without your permission (or that of a prior owner in which case it should be noted on the title as Davo mentioned). For a start easements would be required which I'm guessing they haven't arranged.

    Most contracts also require the land to be put back to a similar standard as it was before the works took place so they should be replacing all fences, grass & gardens that they have destroyed. If the grass is going to take to long to grow back from standard seed you might be able to persuade them to put in some ready lawn or something.

  7. #7
    Join Date
    Jul 2010
    Auckland City, why invest else where?


    Speak to the Council project manager and lay your complaint.

    Council employees generally do not want complaints against them on their projects.

    If you have damages to your property, the Council should put it right, and you should also be compensated for stresses and disruption, but you need to get onto the proper channel to air your frustration and lay a complaint.

  8. #8
    Join Date
    Nov 2006


    I'll bet they have an easement over your property. I'll also bet that they are using far more than the easement allows them to use.

  9. #9


    Quote Originally Posted by Keys View Post
    I'll bet they have an easement over your property. I'll also bet that they are using far more than the easement allows them to use.
    The letter we saw said that it was going to go into the next door neighbours creek. I know piping has been done on their property, but the actual pipe flow comes out in our property.

  10. #10
    Join Date
    Aug 2003


    They must have an existing easement over your property. Our local council had to ask us to put an easement over our rental property (which is on a cross lease) - we now have storm water pipes under the shared driveway. The owner of the other property didn't get much in return - just the new shared driveway and half the fence we on the other hand got lots - (a new shed, carport, asphalt driveway, some landscaping, a new fence) and this work has really improved the visual appeal - so it worked out for us.

    You would think that for any existing easement - the property would need to be returned to previous state or better - certainly not worse. A mental note to self - take before, during and after photos should council start digging up the driveway etc.


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