WGTN City Council - Hedge encroachment fee Are they Right ?

[FeverPitch]

WGTN City council want to impose the maintenance of a five metre high ten metre wide hedge on to me - with the potential to charge me a hedge encroachment fee !

This massive hedge was there years before I moved in (six years ago) and its on council road reserve.

Five years ago (over the phone) council said its my responsibility to cut the top and the side which faced my property so I already pay $1000 a year. But the side that runs against the public footpath they will cut and maintain. Great !

I made my phone call last week to say, its now time for the council to cut their side. They said no problem we will take care of it. A day later I receive a 20 day notice for me to cut and maintain the hedge.

Their argument is its a hedge that I enjoy and gives me privacy. I've never heard such a load of BS. I have no privacy issues what so ever. The only benefit is its nice to see green leaves . . . which is the same benefit as the public.

Can they get away with this ? Do I stand a chance or is it a David and Goliath situation ?

thanks Fever

[Learning]

Invite them to remove the hedge. It's on their land anyway.

[artemis]

Councils, eh!

You have an option to request information from them under the LGOIM Act. Suggest have a think about what you want to get info on and then put your request in writing.

Have a look at the website FYI.org.nz, thousands of OI requests and answers there. Some may even be relevant to your situation.

Some requests can be public on that site and some not if they relate to personal information.

If it were me I would start with requests for policy and procedure documentation relating to responsibility for the maintenance of items on council land, and if council responsibility are there any exceptions. Maybe any changes in the past 5 years.

You could go on to ask about your specific information. Or wait to hear back on policy first.

Meantime if the council follow up with you say you are waiting for OI back.

Check out these links ....

Https://www.consumer.org.nz/articles/fencing-law

https://www.consumer.org.nz/articles/trees-and-neighbours

[motivated]

Their hedge their problem

[Davo36]

Yep, if the hedge is on their land, they can't make you trim it.

They are just trying it on. They do this all the time in all different contexts.

I doubt they would take legal action against you.

If they threaten to, go to the media, they'd love this story. And the council HATE being shown to be the dicks they are on the telly!

[Don't believe the Hype]

if they're asking you to trim. I guess you could trim it to the ground. Would they then have an issue with how far you trimmed it?

[Learning]

I hope you're returning all the cuttings back to the Council. It is all from their hedge and therefore their property after all.

[Keys]

Got the receipts of the last few years trim? Ping them off to them.

[FeverPitch]

Thanks everybody . We had the rules dropped round to us last week. Its such a grey area , it states if the hedge is providing you with something then you have to pay. The council employee says its providing me with privacy and enjoyment. This is rubbish as I already have a fence doing that.

In an ideal world they cut it back and down by two metres then I won't even see it from my house. After which I'd be happy to trim it every three or four months.

What I'm concerned about is setting a president , if I cut it all myself then its mine for ever plus they might wack a encouragement fee of $300 per year.
Also the root system is supporting the hill above my house (to a degree). So I don't want a total chop.

We spoke to a particular council individual and he stone walled us , you know the type stubbon and my way or the highway.

Damned if you do and damned if you don't.

[Don't believe the Hype]

why do they get to choose it it is providing you with something?


I guess they're right... it's providing you with annoyance and additional costs... so pay up

[Castlerose]

Hello, Sounds a load of BS to me! I would first be putting everything in writing so you have a record/history if it becomes necessary. They have no right to claim you should do the maintenance because it gives you privacy - thats totally irrelevant (and total BS!) and the enitire situation rests on the legal ownership of the hedge and govt legislation which includes local by-laws. Ask them to refer you to the specific by-law and/or Govt legislation which shows/proves you are liable to maintain the hedge if it is not on your property. If they claim it is on your property, my understanding is the onus is on them to prove that. I'd be requesting that proof (otherwise they have no right to claim you're liable for maintenance on it) in the way of a survey and physcial inspection to show exactly where the survery pegs/discs are etc. I've used this tactic myself and it has worked - the minute you ask them to refer you to the by-law which supports what their request and there isn't one, they back off. If there is, then you're stuffed sorry! I'd also suggest they remove it in order to save the ratespayers cost every year anyway - & that way no one is liable for any maintenance. Good Luck! Regards.

[Bob Kane]

If you don't own the land the hedge is on then I don't think you are allowed to touch it at all.
I mean, if I walked along to this hedge and hacked a few holes in it, would they mind?
If they want you to trim it, are they letting you decide on the quality of the trim?
If you did a bad job of trimming it, would they object?
I'd let the 20 day notice run out and see what happens - and talk to the media and fair go about it.

[driftah]

If you don't own the land the hedge is on then I don't think you are allowed to touch it at all.
I mean, if I walked along to this hedge and hacked a few holes in it, would they mind?
If they want you to trim it, are they letting you decide on the quality of the trim?
If you did a bad job of trimming it, would they object?
I'd let the 20 day notice run out and see what happens - and talk to the media and fair go about it.

Just to clarify, you can legally trim anything up to your boundary line. But you can't go beyond that.
However if Council have requested you to, I doubt they would have any recourse if you did decide to 'trim'
Of course it would have to be reasonable.

But they can't force you to trim a hedge that is on their land. But equally you can't force them, unless its causing a significant nuisance or damage to your property.
In which case, you would usually have to pay.

https://communitylaw.org.nz/community-law-manual/chapter-10-neighbour-disputes/trees/

[donna]

They're not leading a good example for private citizens, businesses etc when they are either ignorant of the law or they are choosing to just flaunt it for their own benefit. What hope do we have if that's the precedent? There are too many examples of abuse of power. Thanks for sharing your experience and keep us updated with posts as events unfold.

cheers,

Donna