14 August 2024
File ref: IRC-6893
Wellington City Rural Rate Payer
[FYI request #27990 email]
Tēnā koe
Thank you for your email of 9 August 2024 to Te Kaunihera o Pōneke / Wellington City
Council (the Council) requesting an answer to the following question:
•
Could you please clarify what rights neighbours have regarding RoWs granted by
WCC? Specifically, in a situation where a RoW that is 6m wide has been recorded --
permitting Neighbour B to traverse over Neighbour A’s property -- and Neighbour A
cuts a track that within it that is 4m wide, with 1m of non-drivable bank on either side,
is Neighbour B in the right to state that the road does not permit full and unfettered
access to the full RoW area granted, and demand that the road be recut so as to be
the full 6m width and the 1m banks on either side be outside of the RoW, on
Neighbour A’s property?
Your question above does not conform to the requirements of an information request under
the Local Government Of icial Information and Meetings Act 1987 (LGOIMA), as it is not
asking for official information, nor is it specified with the due particularity required of a
request under the LGOIMA.
Right of Way agreements are legal arrangements recorded on the land titles of the
properties concerned. Accordingly, the land title for the property that is of interest to you
may provide you with further information relevant to your questions.
If Wellington City Council is the owner of one of the properties in the Right of Way
arrangement, our Planning team may be able to provide you with additional information. If
this is the case, please direct your query to
[email address], including the
address details of both properties involved in the agreement. Otherwise, you should seek
independent legal advice to obtain insight into the specific requirements of the Right of Way
for the address that is of particular interest to you.
You have the right, by way of complaint under section 28(1) of the LGOIMA, to request an
investigation and review of the Council’s response, by the Ombudsman. Information about
how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800
802 602.
Nāku noa, nā
Susan Sales
Senior Advisor Of icial Information
Wellington City Council