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  1. #1
    Join Date
    Jul 2006
    Location
    wellington
    Posts
    207

    Default Legal position of connecting to council services in neighbouring property

    Hi all,

    would appreciate any thoughts. I went to see a neighbour regarding connecting to a council service In their property. They have stated that they do not want to provide permission and declined to meet, stating they do not want to discuss the matter any further.

    in talking to council there appears a lack of clarity in this area. One section has replied that it would be considered a civil matter and concequently outsider the councils scope.

    Does anyone know what can be done in such instances or where such answers could be found?

    Thanks

    phillip

  2. #2

    Default

    there is a legal action that can be taken to force the owner to give you access. I forget the legistaltion perhaps the Local Govt Act.

    council prefer co operation and consent but this is an option and last resort

    Part 26 s 460 Local Government Act 1974
    460 Construction of private drains through adjoining premises
    (1) Where, in the opinion of the council, the only practical route of
    any new private drain is through 1 or more adjoining premises,
    and any owner or owners of any of those premises will not consent
    to its construction, the council may, pursuant to a resolution
    in that behalf, of which notice shall be given to the
    owner or owners withholding his or their consent as aforesaid,
    enter upon his or their premises and execute, provide, and do
    all or any of the works, materials, and things which the council
    considers necessary, in order that the drain shall be laid in an
    efficient manner.
    (2) Before passing a resolution under subsection (1), the council
    shall give to every owner refusing his consent as aforesaid an
    opportunity to be heard before a committee of the council.
    (3) The cost incurred by the council in carrying out the said work,
    including the payment of compensation for injurious affection
    to any premises through which the drain is laid, shall be
    payable by the council in the first instance, and may be recovered
    by it from the owner of the land to be served by the private
    drain; and section 465 shall apply with respect to the amount
    so recoverable as if it were an advance made by the council
    under section 463.
    (4) If agreement cannot be reached between the council and any
    claimant for any such injurious affection, the matter shall be
    determined as if the work were a public work and the claim
    were a claim for injurious affection in respect thereof under
    the Public Works Act 1981.

  3. #3
    Join Date
    Jul 2006
    Location
    wellington
    Posts
    207

    Default

    Thanks John, this came up but it was stated that council is unlikely to apply it. I understand that the preferred option is cooperation but it is hard when you are told they are not prepared to discuss with you and request that you don't approach them again on this matter.

  4. #4

    Default

    council are bound to enforce the law

    what is the option This is what the section was written for??

    What area NZ are you in?

  5. #5
    Join Date
    Jul 2006
    Location
    wellington
    Posts
    207

    Default

    Thanks John, Wellington city. Went to a planner who thought this provision exsisted, sent me to another area that confirmed it exsisted. However they stated council does not like applying it. So went back to the planner who stated the council does not cover this area ?

  6. #6

    Default

    council does not like applying it????
    so???

    what are they paid to do just the things they like??? Talk to your local elected representative

    what is the service you want to connect to?

  7. #7
    Join Date
    Jul 2006
    Location
    wellington
    Posts
    207

    Default

    Thanks John,

    its the storm water, I will follow up. I think the issue may be that there is not a lot of knowledge at council on how this is dealt with

  8. #8

    Default

    the issue is that using s460 has alot of pitfalls and work for council with dispute resolutions etc. They much prefer you to come to a private arrangement.

    can you retain the storm water onsite (retention tanks and reuse the ewater
    Is there existing buildings what do they do? Soakage system (if ground suitable) or a bore to good drainage
    pump it uphill to a different outlet?

  9. #9
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    13,875

    Default

    Councils holding to ransom in a quite different guise, eh?

    It's be a quite different story if the council needed you to comply with some legal provision.
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  10. #10
    Join Date
    Jul 2006
    Location
    wellington
    Posts
    207

    Default

    Thanks John and Perry,

    there is an exsisting house eith soak pit, the issue being the proposed dwelling is over the soak pit, so will need replacing.

    John from what you state it may be worth talking to a drain layer or related to see what other options might exsist.


 

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