Claims not true, res­i­dent says


A man in­volved in a dis­pute with the coun­cil says doc­u­ments don’t sup­port its claim they weren’t aware he planned to park his boat on an ex­tended drive­way.

Rex Kirby’s bat­tle with Taupo¯ District Coun­cil was first re­ported on in the Taupo¯ Times in Oc­to­ber when the com­mer­cial prop­erty man­ager claimed the coun­cil only told him half the story be­fore he spent $100,000 on build­ing a park for his boat, af­ter ob­tain­ing re­source con­sent to do so.

That in­volved trans­form­ing slop­ing ground on the edge of his Aca­cia Bay prop­erty into flat ground, which was paved and fenced.

How­ever, the coun­cil later told him that he needed a build­ing con­sent to be granted be­fore the earth­works be­gan, mean­ing it was now too late to do so and he won’t be able to gain re­quired cer­ti­fi­ca­tion. The wall has since failed. A coun­cil spokesper­son pre­vi­ously said it wasn’t clear from the re­source con­sent ap­pli­ca­tion that the re­tain­ing wall was to sup­port load from boat park­ing.

‘‘There was one com­ment in the ap­pli­ca­tion re­fer­ring to boat park­ing, but noth­ing shown on the plans to in­di­cate the lo­ca­tion of this park­ing,’’ the coun­cil said.

‘‘The plan­ner did not com­ment on this in the con­sent ap­pli­ca­tion as it was a mi­nor as­pect and not rel­e­vant to the plan­ning mat­ters.’’

But Kirby says the claim is ‘‘another red her­ring’’.

An email to Kirby, ap­prov­ing the re­source con­sent, states that ’’Once the earth­works have been com­pleted the area will be paved and used for boat park­ing’’.

The email is penned by a TDC staff mem­ber and the phrase comes un­der the head­ing ‘‘PRO­POSAL’’.

Kirby pur­chased the slop­ing sliver of land from TDC for the pur­poses of de­vel­op­ment and said it amazed him that no one work­ing on the job had asked about the build­ing con­sent.

‘‘It still amazes me to think of all the coun­cil em­ploy­ees, even their en­gi­neer who has been on site dur­ing the con­struc­tion and the dozen others in­volved, no one asked the ques­tion, ‘where is the build­ing con­sent for this wall, that is clearly tak­ing a sur­charge?’

The coun­cil have since of­fered Kirby ‘‘no ap­pli­ca­tion fee when and if he makes an ap­pli­ca­tion for a build­ing con­sent for the re­tain­ing walls’’.

Kirby wants TDC to cover the cost of re­do­ing the wall prop­erly, but the coun­cil says it does not con­sider it is li­able.

‘‘Mr Kirby en­gaged a land­scaper to de­sign and build the wall. It is up to prop­erty own­ers to be aware of their obli­ga­tions, or the agents act­ing on their be­half,’’ the coun­cil said.


Rex Kirby says coun­cil plan­ners granted him re­source con­sent - but didn’t tell him he’d need a build­ing per­mit too.

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