LGOIMA Request Details

To summarise: 

Two Contact Centre Requests (CCRs) were submitted on 12 February 2021 and 30 August 2024: 

On 12 February 2021 council received the initial complaint (CCR#62570). This complaint concerned a lean-to structure built on the boundary fence. The complainant alleged that the structure caused stormwater runoff onto the neighbouring property and inquired whether a breach had occurred, requesting that the lean-to be removed.  

Following the investigation, on 18 March 2021, councils building officer issued a Notice to Fix under the Building Act 2004. This action was taken due to non-compliance with Section 17 of the Building Act 2004, as stormwater was being discharged across the property boundary. The Notice to Fix specifically outlined the following: 

“Disposing of stormwater directly over a boundary in contravention of NZ Building Code clause E1.2. 

To remedy the contravention or non-compliance, you must: 

• Install guttering and downpipes so that water run-off is collected and discharged to an appropriate outlet, 

• Or remove the building work. 

This notice must be complied with by: 16 April 2021.” 

On 27 April 2021, council sent a confirmation letter that all requirements outlined in the Notice to Fix had been complied with. 

Please note that council does not have any records of discussions with the planning team regarding compliance with the District Plan, as referenced in the cover letter dated 18 March 2021. 

A subsequent complaint was received on 30 August 2024 (CCR#84310), which also related to a lean-to structure constructed on the boundary. The complainant raised concerns that the lean-to roof discharged water against the fence and onto their property, causing visible water damage. They also noted that attempts to install guttering were unsuccessful, as the guttering protruded onto their property, was not properly installed, and continued to discharge stormwater onto their land. The complainant provided photos to council as evidence. Additionally, the complainant stated that the neighbours accessed their property without permission to maintain the structure. 

The investigation determined that the building work was not considered a closed structure and that stormwater was being mitigated through a guttering and downpipe arrangement. No evidence was found to substantiate claims of stormwater runoff into the complainant's property. 

The outcome of the investigation was discussed and explained to the complainant, clarifying that there was no evidence to support claims of stormwater runoff onto their property. 

The documentation the council holds on this matter is included in this link -  LG_2327_Documents_for_release.zip

The link will expire after 7 days so remember to save any documents you wish to have continued access to.  We recommend that this link is opened on a PC. 

Please note that some redactions have been made under section 7 (2)(a) to protect the privacy of natural persons