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
From: G Christian
Dear Auckland Council,
Have you received this enquiry via FYI.ORG.NZ as yet ?
Yours faithfully,
G Christian
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]
-----Original Message-----
From: G Christian [mailto:[OIA #1728 email]]
Sent: Monday, 9 June 2014 4:13 p.m.
To: Official Information
Subject: Re: Official Information Act request - Illegal Surrender of Right of Way
Dear Auckland Council,
Have you received this enquiry via FYI.ORG.NZ as yet ?
Yours faithfully,
G Christian
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[OIA #1728 email]
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[Auckland Council]
CAUTION: This email message and any attachments contain information that may be confidential and may be LEGALLY PRIVILEGED. If you are not the intended recipient, any use, disclosure or copying of this message or attachments is strictly prohibited. If you have received this email message in error please notify us immediately and erase all copies of the message and attachments. We do not accept responsibility for any viruses or similar carried with our email, or any effects our email may have on the recipient computer system or network. Any views expressed in this email may be those of the individual sender and may not necessarily reflect the views of Council.
hide quoted sections
From: G Christian
Dear Official Information,
Many thanks - Just some form of acknowledgement would have been appreciated. Thankyou.
Yours sincerely,
G Christian
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
-----Original Message-----
From: G Christian [mailto:[OIA #1728 email]]
Sent: Tuesday, 10 June 2014 10:37 a.m.
To: Official Information
Subject: RE: Official Information Act request - Illegal Surrender of Right of Way
Dear Official Information,
Many thanks - Just some form of acknowledgement would have been appreciated. Thankyou.
Yours sincerely,
G Christian
-----Original Message-----
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]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #1728 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your web manager to link to us from your organisation's OIA page.
-------------------------------------------------------------------
[Auckland Council]
CAUTION: This email message and any attachments contain information that may be confidential and may be LEGALLY PRIVILEGED. If you are not the intended recipient, any use, disclosure or copying of this message or attachments is strictly prohibited. If you have received this email message in error please notify us immediately and erase all copies of the message and attachments. We do not accept responsibility for any viruses or similar carried with our email, or any effects our email may have on the recipient computer system or network. Any views expressed in this email may be those of the individual sender and may not necessarily reflect the views of Council.
hide quoted sections
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.
>
> -----Original Message-----
> From: G Christian
[[5]mailto:[OIA #1728 email]]
> Sent: Wednesday, 4 June 2014 6:45 a.m.
> To: Official Information
> Subject: Official Information Act request - Illegal Surrender of Right
of Way
>
> 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
>
> -------------------------------------------------------------------
>
> This is an OIA request done via the FYI website.
>
> Please do not send progress updates as PDF files.
>
> Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
> [6]https://fyi.org.nz/help/officers
>
> If you find this service useful as an OIA officer, please ask your web
manager to link to us from your organisation's OIA page.
>
>
> -------------------------------------------------------------------
>
>
[7]Auckland Council
CAUTION: This email message and any attachments contain information that
may be confidential and may be LEGALLY PRIVILEGED. If you are not the
intended recipient, any use, disclosure or copying of this message or
attachments is strictly prohibited. If you have received this email
message in error please notify us immediately and erase all copies of the
message and attachments. We do not accept responsibility for any viruses
or similar carried with our email, or any effects our email may have on
the recipient computer system or network. Any views expressed in this
email may be those of the individual sender and may not necessarily
reflect the views of Council.
References
Visible links
1. http://www.aucklandcouncil.govt.nz/
2. http://www.aucklandcouncil.govt.nz/
3. http://www.aucklandcouncil.govt.nz/
4. mailto:[email address]
5. mailto:[OIA #1728 email]
6. https://fyi.org.nz/help/officers
hide quoted sections
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
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
-----Original Message-----
From: G Christian [mailto:[OIA #1728 email]]
Sent: Monday, 16 June 2014 11:34 a.m.
To: Frank Lovering
Subject: RE: Illegal Surrender of Right of Way
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
-----Original Message-----
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.
>
>
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #1728 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your web manager to link to us from your organisation's OIA page.
-------------------------------------------------------------------
[Auckland Council]
CAUTION: This email message and any attachments contain information that may be confidential and may be LEGALLY PRIVILEGED. If you are not the intended recipient, any use, disclosure or copying of this message or attachments is strictly prohibited. If you have received this email message in error please notify us immediately and erase all copies of the message and attachments. We do not accept responsibility for any viruses or similar carried with our email, or any effects our email may have on the recipient computer system or network. Any views expressed in this email may be those of the individual sender and may not necessarily reflect the views of Council.
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