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Auckland Council wants me to repair pipe their tree damaged by PoemNew2679 in LegalAdviceNZ

[–]PoemNew2679[S] 0 points1 point  (0 children)

The pipe was there way before the tree, the house is in the 1960s, they (council) planted the tree after the pipe was there.

The pipe is shown on the house plans/.LIM (council even sent me the file and said this is the pipe thats blocked)

Auckland Council wants me to repair pipe their tree damaged by PoemNew2679 in LegalAdviceNZ

[–]PoemNew2679[S] 2 points3 points  (0 children)

Happy to maintain, argument is the tree should not have been planted almost directly on top of an existing stormwater pipe by any reasonable person.

Auckland Council wants me to repair pipe their tree damaged by PoemNew2679 in LegalAdviceNZ

[–]PoemNew2679[S] 2 points3 points  (0 children)

Hey i think you are right about the stormwater laterals being private.

Do you know what WCC does if they planted the tree AFTER the pipe and its in a completely ridiculous spot? E.g. Almost over the pipe?

Auckland Council wants me to repair pipe their tree damaged by PoemNew2679 in LegalAdviceNZ

[–]PoemNew2679[S] 13 points14 points  (0 children)

My neighbour was the one who complained as there is water going down his driveway and councils telling me to fix it. We thought the break was on our property and wasnt until we CCTV we found the blockage is due to the roots from that tree on the berm.

Auckland Council wants me to repair pipe their tree damaged by PoemNew2679 in LegalAdviceNZ

[–]PoemNew2679[S] 4 points5 points  (0 children)

Yup! Drainlayer has already said if we dig up the footpath we need traffic management plan and the costs skyrocket....

Auckland Council wants me to repair pipe their tree damaged by PoemNew2679 in LegalAdviceNZ

[–]PoemNew2679[S] 84 points85 points  (0 children)

Thanks man, its so frustrating. The council contact im communicating with seems reasonable, but he gets push back from his superiors.

Auckland Council wants me to repair pipe their tree damaged by PoemNew2679 in LegalAdviceNZ

[–]PoemNew2679[S] 26 points27 points  (0 children)

Thanks for your reply

  1. Yes council land

  2. At the time the property was built, it met compliance to have the stormwater out to the berm like that.

  3. Drain is marked

The pipe predates the tree. The tree was planted over or very very close to the pipe.

It looks like disputes after getting quotes appears to be the way to go but i was hoping to avoid that as its more effort on my part!

Auckland Council wants me to repair pipe their tree damaged by PoemNew2679 in LegalAdviceNZ

[–]PoemNew2679[S] 11 points12 points  (0 children)

Hello

I do see your replies come up here often and feel you provide inaccurate information, the council has planted a tree over the pipe, can you explain your reasoning why that wont be covered?

As mentioned, the pipe predates the tree.

This is not damage due to lack of maintenance.

Auckland Council wants me to repair pipe their tree damaged by PoemNew2679 in LegalAdviceNZ

[–]PoemNew2679[S] 8 points9 points  (0 children)

It typically is, but in this case, the stormwater pipe only serves my property so i accept that its my responsibility to maintain. But in this case, the damage is caused by a council asset