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  1. #1

    Default WGTN City Council - Hedge encroachment fee Are they Right ?

    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

  2. #2

    Default

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

  3. #3
    Join Date
    May 2004
    Posts
    2,758

    Default

    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...and-neighbours

  4. #4
    Join Date
    Oct 2007
    Posts
    362

    Default

    Their hedge their problem

  5. #5
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,293

    Default

    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!
    Squadly dinky do!

  6. #6

    Default

    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?

  7. #7

    Default

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

  8. #8
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,737

    Default

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

  9. #9

    Default

    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.

  10. #10

    Default

    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


 

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