Warning over rewarding for encroached land work

Council property manager Dan Egerton warned against rewarding property owners for beautifying neighbouring reserve land which they had encroached on, at the Wanaka Community Board meeting yesterday.

The board was considering how best to manage encroachment on reserve land in Wicklow Tce in Albert Town by residents Don and Joan Kindley, whose garage, tennis court, vegetable garden and some landscaping have breached their property's boundaries.

The land was vested in the Queenstown Lakes District Council by the Department of Conservation (Doc) last year and the reserve status of a 211sq m strip containing part of the tennis court and garage needs to be revoked in order for it to be given back to Doc as freehold land to sell to the Kindleys.

Board member Mike O'Connor suggested the $30,000 valuation price for the land - undertaken on behalf of the council - was too high for such a small, relatively unusable block, while Mr Kindley, speaking in the public forum, questioned "the impartiality of the value if it's just going to go to Doc".

Mr Egerton, of APL Property, said the Kindleys could arrange an independent valuation for consideration later in the process, but a "dangerous precedent" could be set by permitting such negotiation.

Board member Bryan Lloyd said the fact the Kindleys had tidied and maintained the reserve over the years needed to be taken in to account.

However, the level of encroachment was "substantial" and "we need to be very careful of rewarding that type of activity", Mr Egerton said.

"Offences have been committed under the Reserves Act and if we do reward that type of activity we're going to see it in a lot more places," he said.

Mr Kindley reiterated the encroachment was unintentional and said contractors' confusion was likely caused by the substantial earthworks involved in raising his land to prevent flooding from the Clutha River, and the "battering over the boundaries".

The board resolved to publicly notify its intention to revoke the 211sq m block's recreation reserve status so it could be disposed of, subject to approved fencing and the Kindleys removing a sign from the road reserve near their house.

 

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