Residents between rock and hard place over repair bill

An oversight made more than 10 years ago by the residents of a private way in Nelson has resulted in a hefty price tag for road repairs.

The residents of Henrietta Way in Washington Valley want their predicament to serve as a warning to others in a similar situation.

The eight households on the road have had to pool together $24,000 to fix up the potholes and tar seal damage that has accumulated since the subdivision was set up 15 years ago.

Kirsten Rødsgaard and Chris Flaherty were the first to buy land at Henrietta Way in 2005.

When the subdivision was set up, it was agreed between the developer and the Nelson City Council that the access would be a private way rather than a public road.

Rødsgaard said it was a situation where they had overlooked the small print amongst the busyness of the building project.

‘‘We did shoot ourselves in the foot, it is our own fault – but none of the other people who started building here had thought about it either.’’

Rødsgaard said the residents had appealed to the council to see if they could come to the rescue.

However, councillor and infrastructure committee chairman Brian McGurk said while the council could sympathise with the residents’ situation, it could not step in.

In a letter to the residents, McGurk said with the way having never being vested to the council, they ‘‘[did] not and cannot accept responsibility for maintaining and repairing [the carriageway]’’.

‘‘If council were to make an exception and assume that responsibility, either partly or wholly, it would set a precedent for many other private rights of way.’’

Rødsgaard said they had hoped the council might make an exception to help out, given the apparent low quality of the road and the fact that unlike other private ways, it was a public thoroughfare for pedestrians and cyclists.

‘‘Perhaps it would be fair for those people who have to maintain their own road to get a bit of a rebate on rates?’’

She said when it became clear they would receive no help from the council, they had managed to get everyone in the neighbourhood on board to contribute to fixing the road.

‘‘It’s a warning to other private ways, it will happen to you if you don’t nip it in the bud and start saving up.’’

BRADEN FASTIER/ STUFF The eight households in Henrietta Way have had to pool together more than $20,000 to pay for road repairs at their private road. Pictured here are residents Chris Flaherty and Kirsten Rødsgaard.