A hearing in Wanaka this week considered revoking the reserve status of a 211sq m strip of land encroached upon by Wicklow Tce residents Don and Joan Kindley's garage and tennis court.
The land was vested in the Queenstown Lakes District Council by the Department of Conservation last year. The Wanaka Community Board had publicly notified its intention to revoke the land's status so it could be given back to Doc as freehold land to sell to the Kindleys.
One opposing submission was received from the Wanaka Residents Association.
Chairman Graham Dickson said at the hearing the group was concerned about the "precedent effect" of the reserve revocation.
"All round Wanaka is private property adjoining reserves and the public has to be made aware that the capture of public reserve for private use will not be tolerated," he said.
In revoking the reserve status, a "clear message" should be sent that it was "not a cheap way of getting reserve land transferred to private ownership".
The Kindleys said they "did not know" their garage had encroached on the reserve land until the tennis court had been built, as major earthworks to raise their property for flood protection purposes left its boundaries blurred for contractors working at the site.
Mr Dickson also expressed concerns about the ongoing occupation of reserve land to the east of the property where the Kindleys had landscaped and planted a vegetable garden and fruit trees.
However, the Kindleys clarified they had "already pulled back" from the landscaped area, which was previously overgrown and not well used by the public.
"We have vacated it and it will be put back the way it was and the fruit trees left," Mrs Kindley said.
If someone insisted on the fruit trees' removal, the Kindleys would comply, but they hoped the public could get some enjoyment from them in the future.
"We just hope we can rectify the mess we've got ourselves in," Mr Kindley said.
"We take Graham's [Dickson] words on board. We have gone too far.
"And we're very grateful that you're giving us the opportunity to at least look at a resolution," Mrs Kindley added.
Mr Dickson said the cost of the land - valued at $30,000 - should compensate for the loss of reserve and be a deterrent for others.
"The compensation should be pro rata the value of the rest of the section. In this case the occupied strip is about 10% of the section and compensation should be 10% of the section value."
Hearing panel members Ken Copland and Jude Battson will make a recommendation to the community board at its next meeting on August 21.
