Printed from https://fyi.org.nz/request/1728-illegal-surrender-of-right-of-way on November 05, 2024 15:26

Illegal Surrender of Right of Way

G Christian made this Official Information request to Auckland Council

The request was partially successful.

From: G Christian

Dear Auckland Council,

Can you please outline the course of action that the council would take in the event that it or any of its planners located in the Orewa office would take:- were they to become aware of an illegal surrender of a compulsory right of way Easement (which they themselves put in place) over two titles which would be subject to S243a RMA Act - imposed by council over both titles - the Act locking this easement in place in law and preventing it from being removed without the consent of the territorial authority (Auckland Council).

For your information - compulsory ROW easements are not legally able to be surrendered by anyone - without the written authority of council.

If it were to occur - a solicitor would have to complete an e-dealing form via LINZ - (Land Online e-dealing facility), which that solicitor would have had to authenticate themselves with their digital signature through LINZ. The solicitor would have then had to have acted (with or without authority) for both the grantor and the grantee (both owners of the two titles) say for example in a subdivision situation, however the key point is that the solicitor would have then had to add that they easement was not subject to S243a of the RMA or that they had the authority that had been granted by council - when this authority had not.

Yours faithfully,
G Christian

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From: G Christian

Dear Auckland Council,

Have you received this enquiry via FYI.ORG.NZ as yet ?

Yours faithfully,
G Christian

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From: Official Information
Auckland Council

Dear Mr Christian

As you are questioning a process and not requesting any specific information, we treated your request as a general enquiry and forwarded it to Council's Resource Consents department for response.

General enquiries are normally responded to within ten working days.

Kind regards, Nicole

Nicole Miell | Official Information Advisor
Public Information Office | Democracy Services

Auckland Council | Level 16 | Civic Administration Building | 1 Greys Avenue | Auckland
Phone: 301 3810 | Extension: (40) 8610

Visit our website: www.aucklandcouncil.govt.nz [Auckland Council]

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From: G Christian

Dear Official Information,

Many thanks - Just some form of acknowledgement would have been appreciated. Thankyou.

Yours sincerely,

G Christian

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From: Official Information
Auckland Council

Our apologies for that. All requests are normally acknowledged in some form within three working days.

Will forward your email onto Resource Consents for follow up.

Regards,
Nicole

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From: Frank Lovering
Auckland Council

Dear G Christian,

 

Below is my reply erroneously sent back to the sender of the enquiry.

 

I cannot envisage this office would have consented to the cancellation of
the condition.

 

Regards,

 

Frank Lovering: Surveyor

Northern Resource Consents

Ph 09 427 3231 Extn (44) 3231  Auckland Council, Level1, Pacific Building,
50 centreway Road, Orewa

Visit our website: [1]www.aucklandcouncil.govt.nz

 

 

 

From: Frank Lovering
Sent: Thursday, 12 June 2014 8:25 a.m.
To: Official Information
Cc: orewaplanningadvisors
Subject: FW: Illegal Surrender of Right of Way

 

Hi Sarah,

 

I would check to confirm that Council had not given consent to this
action, and if not, advise applicant to take civil action for a remedy.

 

Regards,

 

Frank Lovering: Surveyor

Northern Resource Consents

Ph 09 427 3231 Extn (44) 3231 Auckland Council, Level1, Pacific Building,
50 centreway Road, Orewa

Visit our website: [2]www.aucklandcouncil.govt.nz 

 

 

From: Michael Nielsen On Behalf Of orewaplanningadvisors
Sent: Wednesday, 11 June 2014 4:48 p.m.
To: Frank Lovering
Cc: enquiry
Subject: FW: Illegal Surrender of Right of Way

 

Hi Frank,

 

I’m not sure if this is a question for you, Kerry Flynn or their
solicitor?  Either way, could you please respond or refer it on?

 

Thanks,

Michael Nielsen

 

 

 

From: enquiry
Sent: Wednesday, 11 June 2014 4:30 p.m.
To: orewaplanningadvisors
Cc: Official Information
Subject: Illegal Surrender of Right of Way

 

Hi team

 

We have received the email below regarding a right of way question.

We apologise for the delay in referring this email to you as We are
currently experiencing higher than normal email volumes.

 

Please can you respond to the customer within five working days and copy
us in for our records. Alternatively, please let us know if this email
needs to be redirected.

 

Thanks in advance for your help.

 

Naku noa na | Regards

Sarah Tapsell

Written Communications Team

Auckland Council

(09) 301 0101

[3]www.aucklandcouncil.govt.nz

On 4/06/2014 7:43 a.m. [4][email address]
wrote:

> Please forward to resource consents.

>

>

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From: G Christian

Dear Frank Lovering,
I am aware of our rights. My question was not "what are our rights".

Auckland Council HAS NOT given consent for this easement to be surrendered from titles.

It was:-

Can you please outline the course of action that the council would
take in the event that it or any of its planners located in the
Orewa office would take:- were they to become aware of an illegal
surrender of a compulsory right of way Easement (which they
themselves put in place) over two titles which would be subject to
S243a RMA Act - imposed by council over both titles - the Act
locking this easement in place in law and preventing it from being
removed without the consent of the territorial authority (Auckland
Council).

Yours sincerely,
G Christian

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From: Frank Lovering
Auckland Council

Hi,

I have contacted the Council solicitors and their comment was that they would need to examine the details before any decision on type of action, if any, would be taken. They are not prepared to make a decision without knowing all the facts. Presumably, a statement from the solicitor who handled the cancellation would be a necessary part of the information they would want to consider.

Regards,

Frank Lovering: Surveyor

Northern Resource Consents

Ph 09 427 3231 Extn (44) 3231 Auckland Council, Level1, Pacific Building, 50 centreway Road, Orewa

Visit our website: www.aucklandcouncil.govt.nz

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