Dispute with Council - Lodge in Disputes Tribunal or Ombudsman? Best avenue?

[mrsaneperson]

Just wondering : Is the Disputes Tribunal able to hear hear cases regarding disputes with council ?

As i understand they are not able to hear cases regarding:

• disputes about rates or taxes
• disputes about the ownership of land or rights of way

My situation is a retaining wall that sits on the boundary of my property and the council reserve. Council agreed to contribute to the fence that sits on top of the retaining wall but not the retaining wall itself.

Their argument is that the previous owner most probably built up the back garden therefore creating the need for the retaining wall. My argument is that the evidence is inconclusive and arguments for and against run both ways, therefore they should contribute.

The amount of claim I am seeking falls within the allowed maximums, around 50% x 14k.
In part i raised this question because in some Australian states ""retaining wall "" matters are not able to be heard in the Disputes Tribunal and instead have to be heard in the High Court.
One legal source i spoke with today was unsure if any Council disputes get heard in Disputes Tribunal and suggested perhaps the Ombudsman would be a possibility.

Anyone have any knowledge regarding the best avenue for this ?

[Sportsvee]

Could give Fair Go a call.

[mrsaneperson]

Could give Fair Go a call.

Its a rental so it wouldn't apply

[TheLibrary]

just put a complaint to the ombudsman. Its all online, - they will tell you soon enough what the right course of action is.

[mrsaneperson]

just put a complaint to the ombudsman. Its all online, - they will tell you soon enough what the right course of action is.

I'll think I'll look at that as an option. Just wondering if anyone onboard has aired a dispute with their local council in the Disputes Tribunal?

[Davo36]

I'll think I'll look at that as an option. Just wondering if anyone onboard has aired a dispute with their local council in the Disputes Tribunal?

Well I have had plenty of disputes with them but not via the DT. Can you contact someone at the DT and ask them if they'll hear it?

[mrsaneperson]

Well I have had plenty of disputes with them but not via the DT. Can you contact someone at the DT and ask them if they'll hear it?

I have spoken to a lawyer who seems to think that DT will not hear disputes involving Council. I was about to fill all the paperwork in online and then thought what if its all a waste of time and they're unable to hear it.
Or it goes to a hearing but the adjudicator then rules it is out of their jurisdiction just like this case here:

https://www.stuff.co.nz/business/88825333/taranaki-man-takes-council-to-disputes-tribunal-over-claim-of-overcharging

[RollingCloud]

Yes you can take them to disputes tribunal. I know someone who did, over a road safety issue that they believed the Council was at fault. They won too.

[mrsaneperson]

Yes you can take them to disputes tribunal. I know someone who did, over a road safety issue that they believed the Council was at fault. They won too.

OK, thanks for the info.. Perhaps its not a common thing that happens and most ratepayers give up. But i intend to soldier on with the case as i have invested a substantial amount of time and paperwork already.